Terms of Use

  1. Overview
    1. This document is an electronic record in terms of the Information Technology Act, 2000 and will be deemed to be a contract formed through electronic means.
    2. Adauctour India Pvt. Ltd., a company registered under the Indian Companies Act, 1956, which has its registered office at G-36, DDA SFS Flats, Saket, New Delhi, 110017 and operates under its trade name ‘Tourio’ (hereinafter referred to as “Tourio" or “We” or “Us” or " Our" or “Company”). This document covers the Terms and Conditions (“Terms”) for accessing or using www.tourio.co and/or usage or downloading its mobile based application, a portal of Adauctour India Private Limited. The website and the mobile based application are hereinafter collectively referred to as the “Tourio Platforms”
    3. For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who has agreed to become a buyer/ service recipient on the Tourio Platforms by providing relevant data or uses by way of browsing the website or downloading mobile application.
    4. When You use any of the services provided by Us through the Tourio Platforms, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates or changes. Your continued use of the Tourio Platforms, subsequent to posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, use and download the Tourio Platforms.
    5. Please note that, accessing, browsing, downloading or otherwise using the Tourio Platforms indicates Your agreement to all the Terms and Conditions. Therefore, please read the Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Our Policies (including but not limited to our Privacy Policy) as amended from time to time.
    6. For the Purpose of these Terms, words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated.
  2. Privacy
    1. Please review our Privacy Policy to understand our services. The personal information/ data provided to us by you during the course of your usage of Tourio Platforms will be treated as strictly confidential and in accordance with Our Privacy Policy and applicable laws and regulations.
  3. Your Account
    1. In consideration of Your use of the Tourio Platforms, You agree to:

      1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but not limited to, your name, telephone number, mailing address, bank account details and email address on the Tourio Platforms ("Registration Data");
      2. Maintain and promptly update the Registration Data, and any other information You provide to Tourio, to keep it accurate, current and complete;
      3. Maintain confidentiality of Your password and identification;
      4. Notify Tourio immediately of any unauthorized use of Your account or other breach of security;
      5. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the Tourio Web Platforms by You;
      6. Accept all risks of unauthorized access to the Registration Data and any other information You provide to Tourio; and
      7. Ensure compliance with all notices or instructions given by Tourio from time to time to enable the use of the Tourio Platforms.
      8. Ensure that You do not post, email, display, upload, modify, publish, transmit, update or share any information that violates any law or regulation, that is copyrighted, patented or protected by any other accepted mechanism, that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever.
    2. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the Tourio Platforms and refuse to provide You with access to the Tourio Platforms.
  4. Registration
    1. We allow You to either sign in to the Tourio Platforms with Your Facebook account or to sign in with Your email address to register with Us.
    2. Registration on the Tourio Platforms is free for Users. Tourio does not charge the User any fee for browsing and making purchases on Tourio Platforms. We, however, reserve the right to change our fee policy from time to time. We may, at our sole discretion, introduce new services and modify some or all of the existing services offered on Tourio Platforms. In such an event, We reserve the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Tourio Platforms and such changes shall immediately and automatically become effective after they are posted on “Tourio Platforms”. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Tourio.
  5. Payments
    1. While availing any of the payment method(s) available on the Tourio Platforms, We will not be responsible for or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:

      1. Lack of authorization for any transaction(s), or
      2. Exceeding the preset limit mutually agreed between You and the financial services providers you deal with, or
      3. Any payment issues arising out of the transaction, or
      4. Decline of transaction for any other reason(s)
    2. All payments made against any purchase of the products or for availing the services, shall be compulsorily in Indian rupees (“Transaction Price”). You have specifically authorized Tourio or its third-party partners (payment facilitators) to collect, process, facilitate and remit the Transaction Price electronically.
  6. Cancellation and Refund Policy
    1. A purchase would remain valid for 6 months from the date of purchase. Once the tour (purchased on Tourio Platforms) is initiated/ activated, the users can access the tour for 48 hours for a particular site. Post 48 hours, the tour would get de-activated. In case our systems are unresponsive during the user’s tour, we shall let You activate the tour (that You were not able to access due to our system being unresponsive) and start from the beginning. No refunds would be processed in any circumstances.
  7. Disclaimer of Warranties
    1. All services, included on or otherwise made available to You through the Tourio Platforms, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
    2. Tourio does not warrant that the Tourio Platforms will be constantly available, or available at all; or that the information on the Tourio Platforms is complete, true, accurate or non-misleading.
    3. By virtue of technical or human error, it may be possible that certain inadvertent errors may occur, such as change in the price of the products/ services, change in the quantity ordered, description of the products and services etc. Even though Tourio makes the best efforts to avoid any such errors, Tourio will not accept liability for any such inadvertent errors or omissions.
    4. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Tourio Platforms.
    5. Notwithstanding its reasonable efforts in that behalf, Tourio cannot take responsibility or control the information provided by other Users which is made available on the Tourio Platforms. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the Tourio Platforms.
  8. Limitations of Liability
    1. You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction encountered while using Tourio Platforms is to uninstall the Tourio Platforms and to stop using the Tourio Platforms and other services offered by us.
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOURIO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE TOURIO PLATFORMS, WITHOUT REGARD TO WHETHER TOURIO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TOURIO PLATFORMS, MORE THAN THE AMOUNTS PAID BY YOU TO TOURIO DURING THE PRIOR 45 CALENDAR DAYS IN QUESTION.
    3. Nothing in these Agreements remove or limit Tourio’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
  9. Intellectual Property Rights
    1. Tourio is the sole owner or lawful licensee of all the rights of the Tourio Platforms and its content. For the purpose of this clause, the content on the Tourio Platforms includes its design, layouts, text, images, graphics, sound, video, maps, icons etc as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Tourio Platforms and its content shall remain with Tourio, its affiliates or licensors of the content, as the case may be.
    2. You may not use the Marks or copyrights or any IPR item belonging to Tourio for any purpose whatsoever, unless otherwise permitted by this Agreement or in another agreement with Tourio.
  10. Force Majeure
    1. You understand and agree that We will not be held liable for any loss or damage with respect to the use of the Tourio Platforms, if the same arises out of any cause due to which We are wholly or partly unable to perform our obligations and which is not reasonably within Our control. Further, We will not liable for any loss or damage which is not a result of the fault or negligence of Tourio or which occurs despite all reasonable attempts of Tourio to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority, strikes, labor, employee difficulties and other events or circumstances that are beyond the reasonable control of Tourio.
  11. Severability
    1. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
  12. Indemnification
    1. You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.
  13. Disputes, Governing Law and Jurisdiction
    1. All disputes or differences arising between You and Us due to these Terms or any other matter in relation to or in connection with Your use of the Tourio Platforms, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be New Delhi and the language shall be English.
    2. We shall be governed by the laws of India. If any material on the Tourio Platforms or Your use of the Tourio Platforms is contrary to the laws of the country/ state where it is being accessed in, We ask You not to use the Tourio Platforms in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.
    3. Further, the courts of New Delhi shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.
  14. Changes to the Agreements
    1. Occasionally we may, in our discretion, make changes to this document i.e. Terms of Use. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.