TOURCART TERMS & CONDITIONS OF USE
|PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
|Welcome to TourCart, an internet and mobile service which provides a platform for finding services & products offered by local providers.
|The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of TourCart Services (hereinafter referred to as "web site" or "TourCart"). It is an agreement between you as the User of the web site (hereinafter referred to as the "User" or "You") and Vobium Technologies Private Limited (hereinafter referred to as "TourCart", "We", "Our", or "Us") having a registered office at Unit no. 212, 2nd Floor, Hind Service Industries, Dyaneshwar Mandir Road, Off Veer Savarkar Marg, Shivaji Park, Dadar(W), Mumbai-400028, Maharashtra, India.
|The services offered by TourCart include the tourcart.com website, mobile apps, tablet apps and any other features, content, or applications offered from time to time by TourCart through any medium. When you access or use any of the services provided by TourCart, you agree to be bound by these Terms and Conditions ("Terms"), whether you are a "Visitor" (which means that you simply browse the TourCart Website) or you are a "Member" (which means that you have registered with TourCart, free or paid). The term "User" refers to a Visitor or a Member.
|Before you subscribe to and/or begin participating in or using our web site, TourCart believes that Users have fully read, understood and accepted the agreement. If you do not agree to or wish to be bound by the agreement, you may not access or otherwise use the web site.
|The main objective of TourCart is to provide a platform and marketplace for services & products offered by local providers.
|TourCart acts as a mere venue for the Users, we do not take part in the actual transactions that might take place between the buyers and sellers and hence we are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the Users only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between TourCart and other party.
|You must be at least 18 years of age or over to use or to register as a member of TourCart. By using the TourCart Services, you represent and warrant that (a) you are 18 years of age or older; and (d) your use of the TourCart Services does not violate any applicable law or regulation. Your profile/membership may be deleted and your access to the site may be blocked without warning, if we believe that you are under 18 years of age.
|TourCart advises its Users that while accessing the web site, they must follow/abide by the related laws. TourCart is not responsible for the possible consequences caused by your behaviour during use of web site. TourCart may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
|This agreement applies to all Users (visitors or registered members, free or paid) who access the web site for any purpose. It also applies to any legal entity which may be represented by the user under actual or apparent authority. Users may use this site solely for their own personal or internal purposes.
|This agreement applies to all TourCart services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by Users. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
Registered Users (Members)
|TourCart requires registration for those who participate in a variety of its services. TourCart also offers social networking services to its members through which they can get to know each other and establish shared contexts and relationships.
|User can Register by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.). TourCart will establish an account ("Account") for the user upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to the User's Account. Web site may also assign upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
|When you register as a TourCart member, you accept the following terms and conditions:
|TourCart reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. TourCart may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination or Cancellation
|You acknowledge and understand that access to TourCart and its associated Service is a privilege and not a right. You also agree that TourCart can, at its discretion, restrict, suspend, or terminate your use of and access to TourCart Site and/or Service with or without intimation without assigning any reason and without incurring any liability.
|TourCart reserves the right to terminate access to certain areas or features of the web site or to discontinue in whole or in part any portion of TourCart services or programs (to paying or registered users) at any time for any reason, with or without notice.
|TourCart reserves the universal right to limit, deny or create different access to the web site and its features, services or content with respect to different Users, without any prior notice/explanation, in order to protect the interests of TourCart or other Users of the web site, or to change any of the features or introduce new features without prior notice.
|TourCart also reserves the right to change any of the features or introduce new features without prior notice. For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
|TourCart withholds the right for temporary or permanent termination of membership of any User for any of the following reasons:
|If TourCart terminates User's membership, User will not have the right to re-enroll or join TourCart under a new account or name unless formally invited to do so by TourCart. In any case of termination, no membership charges will be refunded. User acknowledges that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User hereby agree that in no event shall the web site be liable to the User or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
Content Disclaimer & Guidelines
|TourCart allows its Users (Individuals, Product Sellers, or Service Providers), Content Partners, Advertisers, Employees and/or other Third Parties to provide or publish information on the Site including but not limited to, data, articles, content, opinions, reviews, messages, service/product details, pricing, schedules, links, graphics, photographs, software, music, sound, audio, video, etc (hereafter referred to as 'Content').
|TourCart, in such a case, is not the author of the Content. Users may need to register and/or pay for some of these services.
|TourCart acts as a platform and content integrator and is not responsible for the information provided by users to be displayed on the web site. TourCart does not have any role in developing the content.
|While every attempt has been made to ascertain the authenticity of the content, TourCart has no control over content, the accuracy of such content, integrity or quality of such content. The information and material may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses, etc.
|All of the data on products, services and promotions including, but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the content.
|Content provided by third parties to be displayed on TourCart (Anonymous, Registered or Paid Users) is the sole responsibility of the party who has provided the content. Neither TourCart nor any of its affiliates, directors, officers or employees have entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. TourCart is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any Users in connection with his/her reliance on such Third Party content. Users must not falsely state, misrepresent their affiliation, or impersonate any person, business or entity.
|TourCart reserves the right, in its sole discretion and without any obligation, to edit, modify, update, make improvements to, or correct any error or omissions in, any portion of the content, at our discretion without having to secure your permission. Where appropriate, we will endeavor to update information listed on TourCart on a timely basis, but shall not be liable for any inaccuracies. User grants us the right to organize, categorize, collate the Ccontent and present it on TourCart in any manner we see fit.
|By adding content to TourCart, the User declares legitimate ownership of the intellectual and industrial property rights of that material, and confirms that they have authorisation to distribute and communicate the content.
|User authorises and grants TourCart the universal right to reproduce and communicate the content for an indefinite time period and for any audience, publicly through any means, including electronic means (via Internet, via any device and/or email), or via print publication or physical means (offline distribution). This includes Web publishing, syndication on other web sites, syndication with print publishers, publishing as part of a collection of articles, publishing as a book, email, ftp, telnet and other Internet-based information transfer protocols. Any User that adds content and/or information to TourCart further gives their express consent for this material to be published and indexed on Google, Bing, other search engines or any other means of promotion.
|Users hereby further grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to TourCart to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products/services that are offered or displayed on the web site (hereafter referred to as "Third Party Rights").
|Once granted and the Content is published, the distribution rights cannot be revoked. In other words, once the User's contribution is published on TourCart it automatically becomes a permanent part of the publicly-accessible TourCart archives. The User may, however, update or revise his contributions on TourCart. User will not receive any monetary compensation for his submissions. The only in-kind compensation we promise is exposure on the World Wide Web and a home for your expression on the web.
|Users hereby represent, warrant and agree that Users shall be solely responsible for ensuring that any material or information they post on the web site or provide to web site or authorize the web site to display, does not, and that the products/services represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owners of such rights. Users hereby represent, warrant and agree that they have the right to provide, manufacture, offer, sell, import and distribute the products/services offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products/services violates no Third Party Rights.
|All rights, title and interest including trademarks and copyrights in respect of the domain name and hosted content are reserved with TourCart. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Media for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained on TourCart in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Regulations & Guidelines for Content of Services & Products submitted by Users (Providers/Sellers)
|Users solely represent, warrant and agree to following regulations and guidelines for content submission,
Regulations & Guidelines for Opinions & Reviews submitted by Users
|Users who have taken/used a service/product published or advertised on TourCart (offered by third party providers/sellers) have the opportunity to publish their opinion, views, reviews, suggestions, comments or personal experience regarding the service/product or regarding the corresponding provider/seller. The reviews submitted represent the Users opinions, and are not the opinion of TourCart, nor shall at any point of time TourCart be held responsible for the accuracy or correctness of such information.
|TourCart reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax access rules and regulations for any Users.
|The User agrees to keep their opinions published, even after unsubscribing from TourCart, for the benefit of other site Users.
|The User certifies that their opinion is based on their own personal experience, that it reflects their true view of the service/product and the corresponding provider/seller, that they have no relation, neither business or personal, with the provider/seller in question and that any provider/seller has not offered them any incentive or payment for publishing their opinion.
|TourCart aims to ensure that all opinions have been given by real Users that have no relation to the provider/seller in question. By publishing their opinion, the User declares that they are not an employee of the provider/seller, that they are not related to anyone that is, that they have no relation, personal or professional, with the owners or management of the provider/seller in question, that could influence the impartiality of their opinion. If this were not the case, in addition to violating the terms of Service and demonstrating unethical behaviour, their review would be considered fraudulent. TourCart takes a zero tolerance approach to false reviews. TourCart can contact the User to verify their opinion.
|All Opinions must comply with the following guidelines:
|User agrees that he will not :
|Under no circumstances is TourCart responsible for the content and opinions added by Users through any of the tools provided.
|TourCart reserves the right in its sole discretion to remove any material/content/photos/offers displayed on TourCart which it reasonably believes is unlawful, could subject TourCart to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in TourCart's opinion. TourCart reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
|In connection with any of the foregoing, TourCart may suspend or terminate the Account of any User as it deems appropriate in its sole discretion. Users agree that TourCart shall have no liability to any Users, including no liability for consequential or any other damages, in the event TourCart takes any of the actions mentioned in this Section, and that you agree to bear the risk that TourCart may take such actions.
Third Party Links
|Links to external Internet sites may be provided within the content as a convenience to Users. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
|The listing of an external site does not imply endorsement of the site by TourCart or its affiliates. TourCart does not make any representations regarding the availability and performance of its content or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Media, your browser automatically may direct you to a new browser window that is not hosted or controlled by TourCart. TourCart and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
|Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of our content, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
|Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
You agree to defend, indemnify and hold harmless, without objection, TourCart, its parents, subsidiaries, affiliates, officers, shareholders, directors, agents, partners, co-branders, successors or employees, from and against any and all losses, claims, demands, obligations, expenses, liabilities, costs, debt, or damages, (including legal costs or attorney fees on a full indemnity basis), which may arise, directly or indirectly, from
|Your use of TourCart is at your own risk, the features and services on the web site are provided on an "as is" and "as available" basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
|You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through TourCart is provided solely by the owner, advertiser or manufacturer of that product and/or service and not by TourCart.
|TourCart makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the web site.
|All information are accepted in good faith and TourCart accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or correspondence entered into regarding any advertisement published.
|TourCart does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and TourCart makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site.
|Any information or material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. The User understands and agrees that services, goods or products obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damages, cost or any other consequences resulting from any transaction. No advice or information, whether oral or written, obtained by you from web site or through or from the web site shall create any warranty not expressly stated herein.
|TourCart makes no representations or warranties of any kind, express or implied, as to the operation of the website/app or the information, content, materials, or products on the website/app, including that TourCart and its services will meet your requirements, that the service will be uninterrupted, timely, secure or error free, the quality of any products, services, information or other material purchased or obtained by you though TourCart will meet your expectations, be reliable or accurate, and errors in the software will be corrected. In case there is any loss, caused due to any reason, whether as a result of any disruption of service, suspension or termination of the Service, TourCart shall not be liable in any way for the same.
|Your sole remedy for dissatisfaction with TourCart services, content or information provided is to stop using TourCart and/or its services.
|Any material downloaded or otherwise obtained through the use of TourCart is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the same. The Company does not warrant that TourCart or any of the web sites linked to TourCart be free of any operational hazards or errors, nor that it will be free of any virus, worm or any other harmful components. Web site or Emails emerging from this Web Site are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom.
|TourCart will not be liable for any time difference arising between a message released through a gateway/server provided to TourCart and such message finally reaching the User from the concerned service provider.
|TourCart shall not be liable for any disclosure of information concerning the User’s account or particulars, nor for any error, omissions or inaccuracy with regard to information so disclosed. In addition, TourCart shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
|The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
|The User acknowledges and agrees that the Company has absolute discretion to edit, delete, refuse, suspend, terminate or amend any information, content, artwork, materials, data or posting so as, in the sole opinion of the Company, to comply with the Company's editorial policies & guidelines, or to comply with the prevailing legal framework or moral obligations as placed on the Company, or in order to avoid infringing any third party’s rights or any other rules, standards or codes of practices that may be applicable to the posting or TourCart or the internet. It is not the Company’s obligation to exercise any kind of supervisory or editorial control over, or edit or amend any data or contents of any e-mails or posting of any information that may be inserted or made available or transmitted to a third party in or through TourCart, and the User acknowledges the same.
|TourCart is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. TourCart is a venue only and we do not screen, censor or otherwise control the listings, services, prices, information or content offered to other Users, nor does TourCart screen, censor or otherwise control the Users of its service.
|TourCart cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of TourCart will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other Users on this site. TourCart does not accept or assume responsibility for the content or context of the user comments or content.
|If there is any dispute between Users on this site, it is agreed upon by the Users that TourCart has no obligation whatsoever to be involved in any such disputes. In the event that the user has a dispute with one or more User, the User hereby undertakes not to make any claims, demands, damages (actual or consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our service against TourCart, its parents, subsidiaries, affiliates, officers, shareholders, directors, agents, partners, co-branders, successors and employees.
|Users using any of TourCart service are cautioned to make proper enquiry before they rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with any other Users or Advertiser listed on TourCart.
|Users are cautioned that any and all information of whatsoever nature provided or received from any other User or Advertiser is taken in good faith, without least suspecting the bonafides of the User or Advertiser, and TourCart does not confirm, does not acknowledge, or subscribe to the claims and representation made by the User or Advertiser listed with TourCart. Further, TourCart is not at all responsible or liable for any act of User or Advertiser listed on TourCart.
|You hereby further agree that TourCart is not responsible and shall have no liability to it, for any material or content posted by others, including incorrect, defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. TourCart reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TourCart in asserting any available defenses. These obligations will survive any termination of the Terms.
Limitation of Liability
|Under no circumstances will TourCart, its parent, subsidiaries, affiliates, officers, shareholders, directors, agents, partners, co-branders, successors or employees be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of, relating to or resulting from this agreement or the service, whether such claim is based on warranty, contract, tort (including negligence), statute or otherwise, even if TourCart or its agents have been advised of the possibility of such damages.
|Some jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. In no event shall TourCart be liable to any claim or claims arising out of or relating to this agreement or the service, whether such claim is based on warranty, contract, tort (including negligence), statute or otherwise, (even if TourCart or its agents have been advised of the possibility of such damages).
This limitation of liability will apply whether the damages arise from
|This limitation will also apply with respect to damages incurred by reason of other services or goods received through or advertised on the service or received through any links displayed through the service, as well as by reason of any information or advice received through or advertised on the service or received through any links provided in the service. Such limitation will apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law and even if TourCart or its agents have been advised of the possibility of such damages.
|TourCart takes no responsibility/liability whatsoever for shortage or non fulfillment of the services on TourCart or any other related site due to or arising out of any reason, including but not limited to, technical failure, malfunctioning or otherwise, and the User hereby undertakes that in such situations, the User shall not claim any right/damages relief against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules.
|TourCart shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
|TourCart shall not be responsible for any malfunctioning, non-functioning of the mobile phone, tablet or any other device, and or any damage, loss, either direct or indirect arising out of the use of the TourCart application on your mobile phone or tablet.
Intellectual Property Rights
|TourCart is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, information, images, graphics, sound, video, etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with TourCart, its affiliates or licensor's of content, as the case may be. Permission (which may be revoked at any time) is granted to download the material in this web site without alterations and for private and non-commercial use only so long as the following copyright notice is included: "Copyright TourCart. All rights reserved." You do not acquire any ownership rights by downloading Content from the web site. You may not selectively download portions of the website without retaining the copyright notices.
|You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the TourCart in whole or in part except as expressly provided in terms and conditions. You acknowledge that the TourCart Service and any underlying technology or software used in connection with the TourCart Service contain proprietary information.
|All rights, not otherwise claimed under this agreement or by TourCart, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. TourCart does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
|We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user. In no event shall TourCart be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. You acknowledge that TourCart does not control the performance of merchants or advertisers that appear on TourCart. If you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
|Parts of information presented here has been compiled from publicly aired and published sources. TourCart respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. TourCart reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
|TourCart, "TourCart.com" and related icons and logos are registered trademarks or trademarks or service marks of TourCart in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Third party trademarks, service marks, logos, trade names and copyrights found on TourCart belong to their respective owners.
|All content on this web site is the copyright of TourCart except the links to third party web sites. Any and all information that is submitted by the User including but not limited to comments, feedback, etc is the sole property of TourCart which may be used in any manner the Company deems fit. We provide all content to the best of our knowledge and we are not responsible for changes to third party content.
|The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings.
|TourCart is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace have the right to sell the goods or offer the services posted by them. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. TourCart is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, TourCart is not endorsing a claim of infringement. Neither, in those instances in which TourCart declines to take down a listing, is TourCart determining that the listing is not infringing, nor is TourCart endorsing the sale of goods or services in such cases.
|If you believe that material located on or linked to by TourCart violates your copyright, you are encouraged to notify us in accordance with common DMCA policies. TourCart will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TourCart or others, TourCart may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, TourCart will have no obligation to provide a refund of any amounts previously paid to TourCart.
|TourCart respects the intellectual property rights of others, and we expect our users to do the same. Users agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the "TourCart content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with TourCart, or for otherwise commercially exploiting the TourCart content. Systematic retrieval of TourCart content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TourCart is strictly prohibited.
|In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of TourCart's services, you agree that you will not use the web site service to infringe the intellectual property rights of TourCart or of others in any way. TourCart reserves the right to terminate the account of a users upon any infringement of the rights of TourCart or of others in conjunction with use of the TourCart service, or if TourCart believes that user's conduct is harmful to the interests of TourCart, its affiliates, or other users, or for any other reason in TourCart's sole discretion, with or without cause.
|Use of Information Submitted by Users
|The User hereby agrees and irrevocably authorizes the following :-
|TourCart has the right to use for it's own purpose, any data/information supplied by the User in connection with this Agreement, and pass on such information to any other associated companies or selected third parties.
|TourCart has the right to retain all data/information supplied by the Users for the exclusive use of TourCart in accordance with agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in TourCart's property, records and databases as the exclusive property of the Company, for all times to come.
|Users provider contact information (telephone number. mobile number, email, etc) to TourCart by entering such information while registering for an account, registering for receiving alerts, or by contacting another User, advertiser, seller, or buyer on TourCart. By entering such contact information on TourCart, User gives consent to TourCart and its partners, vendors and associates to contact, make calls or to send alerts, details, emails and SMS related to User's action on TourCart, irrespective of whether the contact information is on the "Do Not Contact" Registry, "Do Not Call" Registry or any other such list or database. In case Users do not want to receive these messages on their contact information (telephone number. mobile number, email, etc), the User shall not submit their contact information to TourCart.
|TourCart Web Address (URLs)
|Business Users who wish to sell, exhibit or promote their goods and services in the TourCart marketplace can choose a unique web address (URL) to make it easier for people to find their TourCart Website.
Guidelines for TourCart Web Address (URLs) :-
|TourCart Web Address (URLs) assigned by TourCart to its users (which can be either paid or free) is the exclusive property of TourCart and it cannot be assumed to be permanent in any case. TourCart reserves the right, without prior notice, at any point of time, to restrict, remove, reclaim, suspend, terminate, or edit the Web Address (URL). In such case, TourCart will not be liable to any party for any direct, indirect, special or other consequential damages, including, without limitation, any lost profits, business interruption or otherwise.
|Notifying Of Defamatory Content
|Truthful or honest declarations (such as the case of a negative opinions or reviews) cannot necessarily be considered defamatory. Careful consideration of the facts is required before making formal accusations or issuing a complaint or claim (legal advice may also be necessary if there are doubts in this respect), given that false accusations could make you liable.
|TourCart reserves the right to verify your identity and obtain information about you in order to clarify the grounds of your complaint. Please bear in mind that TourCart is unable to investigate complaints that are anonymous, incorrectly sent or that contain insufficient information.
|Warning: any declaration made can be used in court procedures. Any false, misleading or inaccurate information you give to us may lead to legal or civil liability.
|If you wish to notify TourCart of any defamatory content on the web site, please contact us as per the Notification Procedure given below.
|Notifying Of Intellectual Property Rights Violation
|If you believe that any content on TourCart infringes your intellectual property rights, please notify us as per the Notification Procedure given below.
|TourCart reserves the right to verify your identity and obtain information about you in order to clarify the grounds of your complaint. Please bear in mind that TourCart is unable to investigate complaints that are anonymous, incorrectly sent or that contain insufficient information.
|We will do everything in our power to identify any illegal or offending content but we will not be held responsible if the information or relevant facts were not provided, or the facts cannot be investigated.
|Warning: any declaration made can be used in court procedures. Any false, misleading or inaccurate information you give to us may lead to legal or civil liability.
|If you wish to notify TourCart of an alleged violation of intellectual property rights on the web site, please contact us as per the Notification Procedure given below.
|All notices or demands made by a User to or upon TourCart shall be effective if in writing and will be deemed to have been given if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Vobium Technologies Private Limited, Unit no. 212, 2nd Floor, Hind Service Industries, Dyaneshwar Mandir Road, Off Veer Savarkar Marg, Shivaji Park, Dadar(W), Mumbai-400028, Maharashtra, India.
|All notices and demands made by TourCart to or upon a User shall be effective if in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, or (e) if sent by posting such notice or demand on an area of the web site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when TourCart is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User to the address, fax number or e-mail address specified on the Order for the recipient of such notice, or immediately upon TourCart's posting such notice on an area of the web site that is publicly accessible without charge.
|Headings of sections in this entire agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
|To ensure quality control, for training purpose and to ensure excellent customer service, calls to/from TourCart may be monitored and recorded.
|Governing Law, Jurisdiction, & Dispute Resolution
|The courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction, without regard to its conflict of law provisions, in all matters arising out of or in connection with the use of Service.
|User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
|User agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.
|The failure of TourCart to exercise or enforce any right or provision of these Terms & Conditions or failure to act with respect to any breach by a User under these Terms & Conditions shall not constitute a waiver of such right or provision, nor waives TourCart's right to act with respect with subsequent or similar breaches. Any waiver of any provision of the Terms will be effective only if in writing and signed by the User and TourCart.
|These Terms constitute the entire agreement between the User and TourCart, and supersedes and replaces all prior or contemporaneous understandings, documents, communications or agreements, written or oral, regarding the subject matter of these Terms. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
|If any provision or portion of these Terms is found by a court of competent jurisdiction to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction for any reason, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the validity, legality and enforceability of the other provisions of these Terms shall not in any way be affected or impaired and shall remain in full force and effect.
|TourCart reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. TourCart reserves the right to seek all remedies available at law and in equity for violations of these Terms.
|You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this user agreement. You have independently evaluated the desirability of participating in TourCart or its programs and are not relying on any representation, guarantee or statements other than as set forth in this agreement.
|In no event shall TourCart have liability or be deemed to be in breach hereof to any User or any Third Party for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of TourCart, including but not limited to labor disputes, strikes (whether legal or illegal), industrial disturbances, labor or material shortage, governmental actions, riots, explosion, embargo, acts of God, acts of terrorism, fire, floods, lightning, utility or communications failures, power failures, network failures, insurrection, earthquakes, casualties, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. If a force majeure event occurs, TourCart is excused from whatever performance is prevented by the force majeure event to the extent prevented. User's payment obligations, if any, shall continue during any event of force majeure.
|Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, Maharashtra, India.
|Void Where Prohibited
|Although TourCart is accessible worldwide, not all products or services discussed or referenced on TourCart are available to all persons or in all geographic locations or jurisdictions. TourCart reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on TourCart is void where prohibited.
|Financial Transactions and Taxes
|If you make any financial transactions on TourCart, including paying for network services fees, advertising banners, product placements, products or services, you may be asked for credit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.
Your Acceptance of these Terms
|This document was last updated on Nov 27, 2014