Terms of Use

Tourifique Terms of Use

Effective Date: Last Updated

Definitions

Introduction

These Terms of Use together with the Privacy Policy, constitute a binding contract between the User and Tourifique. These Terms of Use govern inter alia usage of any Sales Channel by the User including but not limited to Platform/Website. Tourifique operates the Platform/Website that allows inter alia (a) Suppliers to offer Experiences/Services listed on the Platform to the User(s); and (b) the conclusion of contracts directly between User(s) and the Suppliers of such Services.

Tourifique is not a travel or tour agency and does not provide such Experiences or Services on its own. When a User books an Experience or Service on the Platform, it purchases the same directly from the Supplier. Tourifique through its Platform only facilitates the purchase of tickets to the Experiences and Events. Tourifique also does not act as an agent to the User, in any capacity, except to the extent of facilitating payments by User to the Suppliers.

Access and Use of the Platform

By accessing, registering and/or by making a Booking on the Platform, User agrees to each of the terms mentioned in the Terms of Use, without any modification. The User represents that he/she has read and understood the Terms of Use. In all Bookings, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all persons named in the Booking.

Tourifique may revise these Terms of Use from time to time. The revised version will be effective from the date it gets posted unless otherwise specified. If changes/revisions to these Terms of Use reduce Your rights or increase Your responsibilities, Tourifique will post a notice of the same on the Tourifique website or intimate its Users via email. By continuing to use the Platform after Tourifique carries out changes to these Terms of Use, You agree to abide by and be bound by those changes. If You are not agreeable to any of the terms mentioned in this document, You must not use or access Tourifique’s Platform.

As a condition to the use of the Platform, You represent and warrant that: (i) all information supplied by You in the course of the use of the Platform and/or a completing Booking is true, accurate, current and complete, and (ii) You are 18 years or older.

If You as a minor wants to make any Booking on the Platform, You are bound to ensure that such Booking shall only be made by a person that has attained the age of majority (parents, siblings or legal guardian).

Your use of the Website and carrying out Bookings is permitted only for personal, non-commercial use and/or to make legitimate requests to make a Booking of the Experiences offered on the Website. You agree not to use the Website to make any speculative, false or fraudulent requests for Bookings. In case, if Tourifique becomes aware of any such instance, Tourifique will have the right to cancel such bookings and the User will have no right to claim any damages from Tourifique.

You further represent and warrant that (a) Your Tourifique Account is not currently suspended and you have not previously been restricted by Tourifique from using the Website; (b) You are not acting on behalf of a competitor of Tourifique; (c) You will not create more than one Tourifique Account; and (d) You have full power and authority to enter into this legally binding agreement with Tourifique and in doing so will not violate any other agreement to which You are a party.

We retain the right at our sole discretion to deny access to the Website to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

By accessing and using the Website, You agree and acknowledge that Tourifique does not endorse any of the Listings or content on the Website and Tourifique cannot vouch for its accuracy. You also agree that Tourifique merely provides a marketplace platform and is not an actual supplier of any Experience. You, therefore, access and use the Website at Your own risk.

You may need to create a Tourifique Account and provide information about Yourself to use some of the features on the Website, including when You make a Booking. You are responsible for maintaining the confidentiality of Your Tourifique Account Credentials. You are also solely responsible for all activities (including Bookings) that occur in connection with Your Tourifique Account. You agree to notify us immediately of any unauthorized use of Your Tourifique Account by sending an email to hello@tourifique.ai. You also agree that in case of any unauthorized use of Your Tourifique Account, You will not raise any claim against Tourifique. As a User of the Website, you understand and agree that neither Tourifique nor its affiliates will have any liability to you or others for any unauthorized bookings made using your Tourifique account and/or Tourifique account credentials. In case you notice any unauthorized use of your Tourifique Account, you will immediately (1) change the Tourifique Account Credentials and (2) inform Tourifique about such unauthorized use.

We may terminate or suspend access to Your Tourifique Account or Your ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your Tourifique Account or ability to use the Website if You misuse the Website. Any such termination or suspension could prevent You from accessing Your Tourifique Account, the Website, User Content, Website Content, and/or any other related information including but not limited to your active Bookings.

You may suspend Your Tourifique Account at any time by contacting us to request that We disable Your Tourifique Account, and by discontinuing Your use of any and all parts of the Website. If You suspend Your Tourifique Account, We may continue to display Your previously published User Content and are under no obligation to remove any of such User Content.

Searching and Booking on Tourifique

You can search for Experiences and Events by using the various options made available on the Website or by using criteria like the type of Experience, travel destination etc. Search results are based on their relevance to Your search and other criteria.

When You Book a Listing, You are agreeing to pay the price mentioned in the Listing, applicable taxes and other applicable fees like the Tourifique service fee and any other fees/charges identified during check-out. The price of each Listing will be quoted on a per-person basis unless otherwise specified. The prices are based on the tariff specified by the Supplier who has made the concerned Listing available on the Platform. Tourifique does not determine the pricing of the Listings. The prices will be listed in the currency chosen by You while using the Website. Any currency conversions required to effect payment for the Booking will be done at the rate determined by Tourifique. The prices quoted against a Listing are subject to change without notice until a Booking has been made.

Services included in a Booking are determined by the Supplier. Prices quoted in a Listing only include the services as specifically shown on the listing page.

While these Terms of Use govern Your use of the Website, including Your request for a Booking, the provision of the Services by the Supplier and Your availing of the Services will be governed by the Supplier Terms. These Suppliers Terms may be specified in the Listing, communicated to You following the completion of the Booking, or be available on the website of the Supplier or the concerned Experience. You agree to read and understand and be bound by the Supplier Terms before availing of the Services under a Booking. Notwithstanding the foregoing, to the extent, the Supplier Terms conflict with these Terms of Use in respect of Your legal relationship with Tourifique, these Terms of Use shall prevail. Your interactions with Suppliers are at Your own risk.

You further agree and acknowledge that Tourifique shall not be liable to You or any other person for any losses, expenses, damages (including property damage) or injuries caused to You on account of (i) the Supplier Terms not being communicated to You; (ii) Your failure to read and understand the Supplier Terms; (iii) the Supplier’s breach of the Supplier Terms; (iv) any error, defect or inaccuracy in the Supplier Terms; or (v) any other acts, omissions, errors, representations, warranties, breaches or negligence of a Supplier.

The Booking of certain Listings requires You to meet certain prerequisites or criteria to establish Your eligibility to Book the Listing and avail of the relevant Services. You are required to read and understand the prerequisites or criteria which are part of the Supplier Terms. We may even seek certain Additional Information, to assess User’s eligibility to complete the Booking and/or obtain the relevant Services. You agree to provide the Additional Information accurately. If a Booking is completed based on inaccurate Additional Information and the Supplier finds You ineligible to obtain the Services, then Tourifique will not be liable for any losses, damages or costs incurred by You in connection with such Booking. Tourifique will also not be under an obligation to refund the Booking price if You are unable to obtain the Services from the Supplier because the Supplier found You ineligible for the same.

When You complete payment against a Booking a Booking Confirmation will be issued from Tourifique. On completion of payment against a Booking, a bipartite contract for the supply and purchase of the Services is formed directly between You and the Supplier.

In addition to these Terms of Use, a User shall also read the FAQs available in the "Help" section on Tourifique’s Website to have a detailed understanding of the services provided by Tourifique. The user agrees that it shall be bound by the content of such FAQs in addition to these Terms of Use.

Payments

When You make a Booking, Tourifique collects Your payment information and processes the payment to ensure that the price paid by You for the Booking is transferred and deposited to the account of the Supplier, after the deduction of Tourifique charges, if any. In doing so, Tourifique has a limited responsibility of collecting the payment from the User and transferring it to the Supplier. Full payment is required to make or confirm a Booking unless otherwise specified.

The value of the Booking may be subject to duties, foreign transactions fee, currency exchange or other fees applicable in Your country of residence. Your bank or payment card company may convert the payment into the local currency (of Your country of residence) and may charge fees, resulting in differences between the amount displayed on the Listing, and the final amount charged to You. Tourifique recommends that You contact Your bank or card company if You have any questions concerning any applicable currency conversion or fees.

Tourifique Credits are credits credited in the form of cashback. These can be earned by registered Users of Tourifique by booking Experiences & Events on which cashback is available. Please note that cashback is not available on all Experiences and Events listed on Tourifique. Users are advised to check and verify the cashback that is available for an Experience/Event from the product information page and the booking page of an Experience. Tourifique Credits are neither transferable nor can be refunded or redeemed in the form of cash.

Currently, Tourifique Credits cannot be used partially for a booking. Tourifique reserves the right to make changes to the usage terms of Tourifique Credits, including but not limited to their value, usage and validity without prior notice or intimation. In case, if Tourifique finds out that You are misusing the Tourifique Credits intending to cause an illegitimate loss to Tourifique and gain to Yourself, Tourifique shall have all the rights to take appropriate action including but not limited to reversal of Tourifique Credits and deactivation of Tourifique Account.

Cancellations and Booking Modifications

Once a Booking is completed, it cannot be changed by You or cancelled with a refund, unless otherwise stated in the Listing or the Supplier Terms applicable to such Listing.

All matters concerning cancellation and modifications of Bookings are decided and/or determined by the Supplier. Given that the purchase of the Experience/Event is a contract between You and the Supplier, Tourifique does not frame the terms of cancellation/modification of the Bookings or take any decision regarding cancellation/modification of the Bookings, unless agreed to the contrary between Tourifique and the concerned Supplier.

Subject to the terms of cancellation/modification set out in the Listing or Supplier Terms, You may: (i) opt to either cancel or modify a Booking; or (ii) reach out to Tourifique at the contact details specified in the Booking Confirmation to inquire about the options available for cancellation/modification of a Booking. Tourifique may, on receiving such a request, if required, contact the concerned Supplier and obtain information or seek confirmation before cancellation/modification of a Booking.

If a Booking has been cancelled/modified by You as per the terms mentioned herein and as per the cancellation terms of the Supplier, Tourifique will, subject to receipt of the Refund Amount from the Supplier, refund the applicable amount to You. Tourifique clarifies that under no circumstances will Tourifique pay You the Refund Amount until Tourifique receives it from the Supplier. Once Tourifique receives the Refund Amount from the Supplier, Tourifique will endeavour to initiate the refund within seven (7) days of receipt from the Supplier. As a default practice, Tourifique processes the Refund Amount to the original source of payment. However, In case the original source of payment is unavailable, You can choose to receive the refund in the form of Tourifique Credits to the Tourifique Account of the user. These Tourifique Credits are neither transferable nor can be refunded or redeemed in the form of cash. As referred previously, currently, Tourifique Credits cannot be used partially for a booking. Tourifique reserves the right to make changes to the usage terms of Tourifique Credits, including but not limited to, value, usage, and validity without prior notice or intimation.

If You make a Booking using a promotion code, or if You accept a discount or special-offer price during the check-out process, You may invalidate Your discount or special-offer price by cancelling/modifying Your Booking. Tourifique will process any refund to You after adjusting such discount or special offer availed by you at the time of Booking.

No refunds are available once an Experience/Event has commenced, or in respect of any Experience's package, accommodation, meals or any other Services that You have started to utilize.

A Supplier may make a change to a Booking after Your purchase, changes including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other features and/or requirements of the Experience. Tourifique will endeavour to communicate to You any such changes at the earliest possible opportunity, as soon as Tourifique becomes aware of the same. Your rights, concerning such changes, vis-à-vis the Supplier, shall be governed by the Supplier Terms. Tourifique shall not be liable to You or any other person for any losses, expenses, costs, damages or injuries arising on account of or about such changes made to the booking.

Pursuant to such change(s), if the Supplier cancels the Booking or allows You to cancel the Booking, then Tourifique will endeavour to process the Refund Amount received from the Supplier within seven (7) days of receipt of the same from the Supplier. If the Supplier permits You to modify the Booking pursuant to the changes, any information that We receive on this matter will be communicated to You as soon as We become aware. Tourifique will not be liable to You or any other person for any losses, expenses, costs or damages arising on account of or concerning (i) Your inability to modify the Booking, (ii) the Supplier’s failure to communicate regarding the modification of the Booking with either us or You, or (iii) the Services availed pursuant to modification of the Booking.

We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier's interests and/or Your interests, to withdraw our services resulting in an override of the Supplier’s cancellation policy. We may also determine, in our sole discretion, to arrange for You a refund of a part or all of the amounts charged to You. You agree that We will have no liability for such cancellations or refunds.

In any scenario of cancellation of any Booking, You agree and understand that Tourifique shall be only liable to process the refund of the Booking amount upon receiving the same from the Supplier. You also agree that all liabilities against any Booking are attributable to the Supplier. Tourifique will not undertake any other liability of any sort including but not limited to any incidental losses incurred by You.

Your Responsibility and Assumption of Risk

You are responsible and liable for Your acts and omissions and are also responsible for the acts and omissions of anyone participating in the Experience. For example, this means: (i) You are responsible for leaving the venue of an Experience/Event in the same or substantially the same condition it was in when You arrived; (ii) You must act with integrity, treat others at the venue of the Experience/Event with respect, always comply with all applicable laws and any terms or rules as may be set out by the Supplier. Your failure to comply with the applicable local laws or terms set out by the Supplier may result in the Supplier asking you to leave/exit the Experience or attraction or any other action as per law.

Website Prohibited Activities

The Website Content, as well as the infrastructure used to provide such Website Content, is either proprietary to us or granted to us under a valid license. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Website Content, or any products or services obtained from or through the Website. Any other use of the Website Content, products and/or services requires the prior written permission of Tourifique.

Additionally, You agree that You will not and will not assist or enable others to:

Fraudulent Activities

We maintain a zero-tolerance policy for any fraudulent activity. On certain occasions, where We suspect that occurrence of a fraudulent transaction, We may contact You to request additional information to verify the legitimacy of Your booking and ensure it is not associated with any fraudulent activities. If You choose not to provide this requested information, We reserve the right to cancel Your booking. Please note that these actions are strictly in best interest of all the Users as well as the Suppliers and Tourifique will not be responsible for any such cancellations.

Fraudsters may employ different phishing techniques to obtain personal and confidential information including payment details of individuals, with an ill intent to defraud them. These phishing techniques may involve the creation of fake websites, messages, emails, and more. We strongly advise You to remain vigilant and informed about these phishing methods. If You come across or become a victim of any such phishing attempts in the name of Tourifique, we kindly request that You promptly report such activities to hello@tourifique.ai. We also urge You to immediately report such transactions to Your bank or any such other authority as may be required under law.

Electronic Communications

When You use the Tourifique Website, or send e-mails, text messages, and other communications from Your desktop or mobile device to us, You are communicating with us electronically and agree that We may communicate with You in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website.

You may unsubscribe from marketing-related e-mails by raising a request on hello@tourifique.ai. Any such request will be addressed within seven (7) working days of receipt of the request. However, Tourifique may continue to send You non-marketing messages, such as messages related to any upcoming Bookings.

You will keep Tourifique indemnified against any/all types of losses, expenses, costs, damages or injuries arising on account of or concerning any action taken by any local telecom-related regulatory authority or any other authority due to any erroneous complaint raised by the User with respect to the communications mentioned herein above or due to a piece of wrong contact information provided by the User for any reason whatsoever.

Content

You and other users of the Website may post or submit some User Content to Tourifique or on its Website. We may use such User Content in several different ways, including but not limited to displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. You also agree that Tourifique may reach out to You to post reviews and/or shoot videos or images of the experiences booked by You which is entirely optional. In case, You agree to share such User Content with Tourifique, Tourifique shall have the unlimited right to use, repurpose or reproduce such User Content on its Platform. No consideration shall be payable by Tourifique to You for such User Content.

By submitting User Content, You grant Tourifique and its parent, subsidiaries and/or affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that You submit in connection with such User Content. You acknowledge that Tourifique may choose to provide attribution of Your User Content at our discretion. You acknowledge and agree that User Content is non-confidential and non-proprietary. If it is determined that You retain moral rights (including rights of attribution or integrity) in the User Content, You hereby declare that (a) You do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) You have no objection to the publication, use, modification, deletion and exploitation of the User Content by Tourifique or its licensees, successors and assigns; (c) You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) You forever release Tourifique, and its licensees, successors and assigns, from any claims that You could otherwise assert against Tourifique under any such moral rights.

The Website also contains some Interactive Forums and You are solely responsible for Your use of such Interactive Forums. You agree that You will use such Interactive Forums at Your own risk. By using any such Interactive Forums, You expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any User Content that comprises or includes:

You alone are responsible for the User Content You submit. You assume all risks associated with such User Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by You of information in such User Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, such User Content as described herein. You may not imply that such User Content is in any way sponsored or endorsed by Tourifique.

User shall be solely responsible and liable for any User Content posted, stored or uploaded on the Platform, or for any loss or damage thereto. User agrees to not post any User Content that may amount to defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or is in breach of law in any manner. In case Tourifique is held liable by any court of law or any governmental authority for any User Content posted by You on the Website, You agree to hold Tourifique indemnified against any such losses and/or damages suffered by Tourifique.

Tourifique may screen, edit or monitor User Content. Tourifique reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any User Content at any time and for any reason, and/or to have such actions performed by third parties on its behalf, and You are solely responsible for creating back-up copies and replacements of Your User Content at Your sole cost and expense. Tourifique has no obligation to retain or provide You with copies of Your User Content.

Any use by You of the Interactive Forums or other portions of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Interactive Forums, the Website and/or closure of Your Tourifique Account.

Links to Third Party Websites

The Website may contain hyperlinks to Third Party Websites. Such hyperlinks are provided for Your reference only. Their presence on the Website does not signify any endorsement by Tourifique of the material on such Third-Party Websites nor any association with their operators. We do not control Third Party Websites and are not responsible for their contents, or the privacy or other practices of those that own and operate them. It is Your sole responsibility to ensure that the hyperlinks You select and/or software You download from any such Third-Party Websites are free of viruses.

In some cases, You may be asked on a Third-Party Website, whether You wish to link Your profile with the Platform Tourifique. Choosing to do so is completely optional. If You decide to link Your profiles and You later wish to disable such links, You should contact the relevant Third-Party Website.

You may notice some Third Party Websites links available on the Tourifique’s Website. Such links if accessed by the User shall be at their own risk and Tourifique shall not be held liable in case of any loss or damage suffered by accessing such links and sharing personal information on such links voluntarily. Users will be bound by the terms of usage and privacy policy of such Third Party Websites and are advised to review such terms.

Digital Millennium Copyright Act Compliance

If You believe that Your work has been copied on our Website, or any of our other systems or networks in a way that constitutes copyright infringement, please write to us at hello@tourifique.ai. While sending any notice under this head of any alleged infringement, please provide the following information to Tourifique:

Tourifique will only respond to those notices that substantially comply with the above requirements. We will investigate Your claim and will notify you by the method of contact You used to file Your notice with us.

To ensure that Your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3).

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE PLATFORM AND ALL WEBSITE CONTENT "AS IS" WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE: (I) WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY SUPPLIER, LISTING OR EXPERIENCE; (II) WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE WEBSITE; AND (III) WE DO NOT WARRANT THAT VERIFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED ON LISTINGS OR SUPPLIERS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. THE DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IN NO EVENT WILL TOURIFIQUE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT TOURIFIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TOURIFIQUE’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TOURIFIQUE IN CONNECTION WITH THE BOOKING WHICH FORMS THE SUBJECT MATTER OF A CLAIM HEREUNDER. THE DISCLAIMERS AND LIMITATIONS IN THIS CLAUSE WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Force Majeure

The User agrees that there can be certain exceptional circumstances where Tourifique and/or the Supplier may end up in a scenario where they will not be in a position to honour the confirmed bookings due to various reasons like an act of God, a pandemic, an epidemic, business exigencies, labour unrest, insolvency, government decisions, terrorist activity, any operational and technical issues, or any other reason beyond the control of Tourifique and/or Supplier.

The User understands and agrees that Tourifique merely being a marketplace, where Booking has been made, cannot be held responsible and liable for any such Force Majeure circumstance leading to the cancellation of a Booking. However, in case Tourifique has any advance knowledge of any such scenario that can lead to cancellation or dishonour of bookings, it will have a limited responsibility to refund the booking amount after deducting requisite and applicable charges if refunded by the concerned Supplier.

The User further agrees that in case the Booking doesn’t get confirmed because of some technical reasons (like network downtime, the issue with a third party server, the issue with payment gateway/banks etc.) or any other similar issues, Tourifique will have limited responsibility of refunding the booking amount, if any, received from the User. The user also agrees that once the said refund gets processed, Tourifique will be discharged from all the liabilities.

In case there are any indirect, punitive, incidental, special or consequential damages, Tourifique will not be liable for the same and the User will not come after Tourifique for recovery of any such losses.

Indemnification

You shall indemnify, defend, and hold Tourifique and its employees, directors, agents, and Suppliers harmless from and against any action, claim, suit, proceeding, demand, investigation, or charge alleging any costs, losses, liabilities, damages, fines, judgments, fees, or expenses (including reasonable attorneys’ fees and court costs) arising out of (i) Your breach of these Terms of Use or the Supplier Terms (ii) Your failure to comply with applicable law in connection with the use of the Website or in obtaining the Services; or (iii) any personal injury, property damage, or death resulting from Your act or omission either in connection with the use of the Website, participation in the Experiences or availing of any of the Services.

General Provisions

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed and enforced in accordance with the laws of the Province Of British Columbia, without reference to conflict of laws principles. Each Party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts in the Province Of British Columbia with regard to any dispute arising out of or relating to these Terms of Use.

Injunctive Relief

You acknowledge and agree that a breach of some of Your obligations herein may cause substantial harm to Tourifique, which could not be remedied by payment of damages alone. Accordingly, You hereby agree that Tourifique will be entitled to seek preliminary and permanent injunctive relief, without a requirement to post a bond, in any jurisdiction where damage may occur, in addition to all other remedies available to it for any such breach.

Assignment; Binding Effect

You shall not assign or delegate these Terms of Use or any of Your rights, or duties under these Terms of Use without the prior written consent of Tourifique, and any purported assignment shall be void and of no force or effect. Tourifique may freely assign or delegate these Terms of Use or any of its licenses, rights, or duties hereunder at Tourifique’s sole discretion. These Terms of Use will be binding upon and inure to the benefit of Tourifique, its successors, and permitted assigns.

Partial Invalidity

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will, nevertheless, remain in full force and effect, and such provision will be reformed in a manner to effectuate the original intent of the provision in the form it was incorporated into these Terms of Use. If such reformation is not possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining terms will remain in effect.

No waiver

No waiver of any term or condition of these Terms of Use will be valid or binding on Tourifique unless the same has been assented to in writing by an officer of Tourifique. Tourifique’s failure to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by You of any of the provisions of these Terms of Use, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect Tourifique’s ability to enforce each and every such provision thereafter.

Entire Agreement

Between You and Tourifique, these Terms of Use set forth the entire agreement and understanding relating to the subject matter herein and supersede all prior and contemporaneous communications, representations, discussions, and agreements concerning such subject matter.

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