Terms Of Service
1. Introduction
Welcome to TourBiz, a software as a service (SaaS) product designed to help tourism agents streamline their operations and enhance their customer service. These Terms of Service (the "Terms") govern your use of our product and services. By using our product or services, you agree to be bound by these Terms.
2. Definitions
I In these Terms Of Service, the following concepts have the following meanings:
- "Account" means your account with us, including your profile information and settings.
- "Content" means any data, text, software, images, audio, video, or other materials that you upload, post, or otherwise transmit through our product or services.
- "Product" means our SaaS product, TourBiz, and all of its features and functionalities.
- "Services" means our ancillary services, including customer support and maintenance.
- "User" means you, the individual or entity that uses our product or services.
- "Travel Operator" means a person or entity that provides travel products and services, such as tours, activities, accommodations, and transportation.
- "Travel Agent" means a person or entity that sells travel products and services on behalf of travel operators.
3. Account
To use our product or services, you must create an Account. You agree to provide accurate and complete information when creating your Account, and to keep your Account information up to date. You are responsible for all activity that occurs under your Account.
4. Content
You are solely responsible for the Content that you upload, post, or otherwise transmit through our product or services. You agree not to transmit any Content that:
Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable. Infringes any third-party intellectual property rights, including, but not limited to, copyright, trademark, patent, or trade secret. Contains any viruses, Trojan horses, worms, time bombs, or other harmful or disruptive code. Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
5. Use of Product and Services
You agree to use our product and services only for lawful purposes and in accordance with these Terms. You agree not to:
Use our product or services in any way that could damage, disable, overburden, or impair our servers or networks. Use our product or services to interfere with the use and enjoyment of our product or services by any other person. Attempt to gain unauthorized access to our product or services, or any other part of our computer systems or networks.
6. Intellectual Property Rights
Our product and services are protected by copyright, trademark, and other intellectual property laws. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices or legends on or from our product or services.
7. Termination
We may terminate your Account or your use of our product or services, at any time, without notice, for any reason, including, but not limited to, if we believe that you have violated any of these Terms.
8. Disclaimer of Warranties
OUR PRODUCT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCT OR SERVICES.
10. Indemnification
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with your violation of these Terms.
11. General
These Terms constitute the entire agreement between you and us with respect to our product and services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect. These Terms will be governed by and construed in accordance with the laws of the State where Travel operators and Travel agents operate, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State where Travel operators and Travel agents operate for any disputes arising out of or in connection with these Terms.