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Overview

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Tourific” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”,”Creator”, “Explorer” “you” or “your”) and Tourific Audio Tours Pvt Ltd (“Tourific”, “we”, “us” or “our”). These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers and contributors of content. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”,”Creator”, “Explorer” “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Tourific Audio Tours Pvt Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.

 

Accounts

You may need to create a Tourific Account and provide information about yourself in order to use some of the features on the App and other services, including when you purchase or create a tour. You must be of a legal majority age to create tours with us. In the case of minors, their parent or guardian can register on their behalf. If the account is registered on behalf of a legal entity, the person so registering must have the legal authority to do so and to accept these terms. You are responsible for maintaining the confidentiality of your account password and log-in credentials. You are also solely responsible for all activities  that occur in connection with your Tourific Account. You agree to notify us immediately of any unauthorized use of your Tourific Account. 

Your Account is for your personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an Account for any person other than yourself, provide an e-mail address or other personal details other than your own, or create multiple Tourific Accounts. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services

You further represent and warrant that you (a) are not currently suspended and have not previously been banned by Tourific from using the Services; (b) are not acting on behalf of a competitor of Tourific; and (c) have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.

We may terminate or suspend access to your Tourific Account or your ability to use the services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your Tourific Account, the website, User Content , and/or any other related information. If we delete your account, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

You may terminate your Tourific Account at any time by using the delete account feature on the app or by contacting us to request that we close your Account, and by discontinuing your use of any and all parts of the Services. If you close your Account, we may continue to display your previously published ratings and reviews. If you have created tours, we will cease to display them for future purchases. However we are under no obligation to remove tour content or your creator profile details for any users who have purchased tours created by you.

As A User Of The Services, You Understand And Agree That: (1) Neither Tourific Nor Its Affiliates Will Have Any Liability To You Or Others For Any Unauthorized Purchases Or Tours Made Using Your Account And/Or Account Credentials; And (2) The Unauthorized Use Of Your Account And/Or Account Credentials Could Cause You To Incur Liability To Both Tourific And Other Users.

 

Prohibited uses

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. Additionally, you agree that you will not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website; deep-link to any portion of the Website for any purpose without our express written permission; "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization or use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.


 

Limitation of liability

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Tourific Audio Tours Pvt Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.


 

Indemnification

 

You agree to indemnify, defend and hold harmless Tourific Audio Tours Pvt Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Maharashtra, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Maharashtra, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

User Content 

You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all content submitted by you. You are responsible for 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.

We may monitor and review the Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat and display the Content of your user account. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

We perform regular backups of the Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. 

The Website May Contain Translations and Audio (text to speech) Powered By Google and ChatGPT. Google, ChatGPT and Tourific Audio Tours Pvt Ltd Disclaim All Warranties Related To The Translations and audio, Express Or Implied, Including Any Warranties Of Accuracy, Reliability, And Any Implied Warranties Of Merchantability, Fitness For A Particular Purpose And Noninfringement.In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Tourific does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.


 

Any tour Creator must submit all the Content to us in the required digital formats. Tourific shall have the sole discretion in accepting, accepting with modifications or rejecting any of the Content. Any creator authorises and grants to Tourific, a perpetual, worldwide, irrevocable right and licence to distribute (“Distribution Rights”) and/or use its Content in digital format either directly or by a third party through all the digital distribution means available to Tourific. The Distribution Rights include, but are not limited to, the right to: (i) index, reproduce or convert formats of the Publisher’s content and store it on our servers (ii) distribute, sell, use, communicate, create copies, excerpts and make digitally available all or any portion of the Creator’s content to the end users, through any of Tourific Audio Tours Pvt Ltd distribution platforms in any territory. Such distribution platform amongst others shall comprise of Tourific website and mobile applications. (iii) allow end users to access and download, preview, any such Content on their portable device and purchase the same either through our website or mobile applications. In the case of purchased Content, to grant users perpetual right to access and store the Content notwithstanding that this agreement is terminated. (iv)have the right to advertise and promote the Creator’s Content and for this purpose create excerpts for users to see without charge.

 

Links to other resources and optional tools

 

Although the Tourific Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

Cancellations, Modifications To The Service And Prices

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The price of each Product will be quoted on a per-person basis, unless otherwise specified. Price quotations are subject to change without notice, until a tour has been purchased. Prices do not include any local taxes or use-fees, including entrance fees, gratuities  and food and beverage fees.

 

Once a tour has been purchased, it cannot be canceled with a refund

 

Tour Creators shall choose their own price for their Contents from the list of options then currently available. Creators shall have the right to change the Price through its account. Tourific will endeavor (on a best efforts basis) to reflect any amendments to the Price within three working days from the date of change.Tourific Audio Tours Pvt Ltd shall have the right to sell the Content in any currency and apply appropriate currency conversions and exchange rates to derive at the price in the currency for sale.

 

Tour accuracy and safety

Tourific Audio Tours Pvt Ltd is not liable for any inaccuracies in information, locations or suggestions offered on any tours purchased on the Tourific Platform. Tourific Audio Tours Pvt Ltd does not guarantee the safety of users (or belongings of users) who choose to follow tours on the platform. Tour users are responsible for their own safety and their belongings

 

Payments

When you buy a tour, Tourific Audio Tours Pvt Ltd collects your payment information and processes your payment. In doing so, Tourific Audio Tours Pvt Ltd acts as the limited payment collection agent of the tour Creator, collecting your payment for the applicable Product(s) on behalf of such creators. Full payment by credit or debit card is required to buy a tour. The value of your tour may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Platform, and the final amount charged to you. Tourific recommends that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.


 

Tourific Audio Tours Pvt Ltd shall pay to the tour creator on every sale of its Content the total income (after tax and apple, google or other third party commissions) arising out of the sale after withholding a 10% commission charge which is a Tourific platform commission charge.  There are charges levied by the App Store and Google Playstore as well as taxes and charges for processing the payment based on the country and the currency that the buyer purchases the tour in which are usually in the range of 15-35% but can be as high as 55%. These additional charges are levied and processed by  the App Store and Google Playstore and Tourific Audio Tours Pvt Ltd has no role in determining the same. Tourific Audio Tours Pvt Ltd shall pay and disburse payments to creators at the end of each calendar month subject to conditions enumerated under clauses below:

  1. Minimum Threshold: The Creator agrees that Tourific Audio Tours Pvt Ltd shall not make any payments until the total earned balance for disbursement reaches the Minimum Threshold of $US20 after deducting commissions (“Minimum Threshold”). In case the earned amount for disbursement does not reach the Minimum Threshold in a month, payment will be made at the end of the month in which the unpaid balance accrued has reached the Minimum Threshold.

  2. Non-payment: Tourific Audio Tours Pvt Ltd shall not be liable to make payment against any sale which: (i) has been made through fraudulent or illegal means or unlawful use of payment methods (ii) has been refunded (ii) if this Agreement has been terminated due to breach of any of its terms (iv) If there are any valid claims by a third party that the Content violates the legal rights of such party 

  3. Changes to payments: Tourific Audio Tours Pvt Ltd retains the right to change the above terms as well as the commission charge being paid to the creator with 30 days notice.

 

Currency Conversions

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified, and actual rates may vary. Currency quotes may not be updated on a daily basis, and Tourific Audio Tours Pvt Ltd does not warrant or guarantee accuracy. Tourific Audio Tours Pvt Ltd shall not be liable to you if prices change due to currency fluctuations. Tourific Audio Tours Pvt Ltd is not responsible for discrepancies in payments due to currency conversions

AI Integration

Our app harnesses the power of advanced artificial intelligence (AI) technologies to enhance user experience and provide innovative features. Specifically, we incorporate a range of AI tools including Google Gemini, ChatGPT, Perplexity AI, as well as our proprietary Large Language Models (LLMs) built upon the LLaMA framework. These technologies are integral to various functionalities within our app, including but not limited to:

  • Generating creative and informative content for the app and its tours.

  • Assisting content creators in refining their scripts.

  • Providing narration services.

  • Offering language translation features.

  • Creating images and visual content.

Purpose and Benefit

The integration of these AI technologies is designed to enrich the content available on our platform, make it more accessible to a global audience, and stimulate creative processes among content creators. By leveraging AI, we aim to offer a seamless, engaging, and versatile user experience.

Quality Assurance and Limitations

While we strive to ensure the accuracy and reliability of the content generated through AI, it is important to recognize the inherent limitations of these technologies. AI models, including those we employ, may on occasion produce content that could be considered inaccurate, misleading, or not entirely relevant (commonly referred to as "hallucinations" in AI terminology). Despite our efforts to manually review and verify the outputs to uphold high standards of content quality, there may still be instances of errors or discrepancies.

User Acknowledgment and Responsibility

By using our app, you acknowledge the following:

  • The AI-generated content, including text, images, and translations, is produced by algorithms that, despite being advanced, are not infallible.

  • Our app and its developers are not responsible for any misrepresentations, inaccuracies, hallucinations, or incorrect information generated by the AI technologies.

  • You agree to use the AI-generated content at your own risk and discretion. It is your responsibility to verify the accuracy of such content, especially when making decisions or taking actions based on the information provided through our app.

We encourage users to provide feedback on the AI-generated content and report any inconsistencies or inaccuracies they encounter. Your input is invaluable in helping us improve the performance of our AI technologies and the overall quality of the app.

Changes and amendments

 

We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. 

 

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Acceptance of these terms

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. 

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


 

This document was last updated on March 2nd, 2024

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