ToRoots Explorers Private Limited (hereafter referred to as "ToRoots", "we", "us", or "our") provides an online platform that connects “Creators" (defined below) who have knowledge and experience with a particular travel destination or activity which “Seekers” (defined below) seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the "Services").
The Services are accessible at ToRoots.com and any other websites through which ToRoots makes the Services available (collectively, the "Site") and any related applications (the "Application"). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and ToRoots.
The services comprise an online platform through which creators (defined below) may create experiences (defined below) for group tours (defined below) and seekers (defined below) may learn about and book such group tours.
You understand and agree that toroots is not a party to any agreements entered into between creaotrs and seekers, nor is toroots an agent or insurer. Toroots has no control over the conduct of creators, seekers and other users of the services or any group tours, and disclaims all liability in this regard.
"Collective Content" means Member Content and ToRoots Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "Creator, Creator, Service provider or Vendor" means a Member who creates an Experience via the Services. "Experience" means an Activity or Tour that is listed by a Creator as available for booking via the Services. "Member" means a person who completes ToRoots's account registration process, including, but not limited to Creators and Seekers, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. "ToRoots Content" means all Content that ToRoots makes available through the Services, including any Content licensed from a third party, but excluding Member Content. "Seeker" means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in a Group Tour and is not the Creator for such Tour. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
You acknowledge and agree that, by accessing or using the services or by downloading or posting any content from or on the site, via the application or otherwise through the services you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the services. If you do not agree to these terms, then you have no right to access or use the services, or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification of Terms
ToRoots reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating an Experience or requesting the booking of a Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services can be used to facilitate the Experience, reviewing, searching, comparing, meeting other people, entering contests and booking of tours and activities ("Group Tours"). Such Group Tours are included in Experiences on the Services by Creators. You may view Experiences as an unregistered visitor to the Services; however, if you wish to book a Tour or create an Experience, you must either register to create a ToRoots Account (defined below) or provide your email address. As stated above, ToRoots makes available a platform or marketplace with related technology for Seekers and Creators to meet online, write reviews, search, compare, enter contests and arrange for bookings of Group Tours. ToRoots is not a Creator of tours, activities or other Group Tours, nor is it a provider of group tours or activities and ToRoots does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services.
ToRoots's responsibilities are limited to: (I) facilitating the availability of the Services and (II) serving as the limited agent of each Creator for the purpose of accepting payments from Seekers on behalf of the Creator.
Please note that, as stated above, the services are intended to be used to facilitate the booking of group tours. Toroots cannot and does not control the content contained in any experiences and the condition, legality or suitability of any group tours. Toroots is not responsible for and disclaims any and all liability related to any and all experiences and tours. accordingly, any bookings will be made at the traveler's own risk.
In order to access certain features of the Services and to book a Tour, you can create an account ("ToRoots Account") and become a Member. You may register to join the Services directly via the Site or Application using the link at the top of any page or as otherwise described in this section. You may also be able to register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your ToRoots Account with Third Party Accounts, by either: (I) providing your Third Party Account login information to ToRoots through the Services; or (II) allowing ToRoots to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to ToRoots and/or grant ToRoots access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ToRoots to pay any fees or making ToRoots subject to any usage limitations imposed by such third party service providers. By granting ToRoots access to any Third Party Accounts, you understand that ToRoots may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your ToRoots Account and ToRoots Account profile page. You agree that ToRoots may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your ToRoots Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or ToRoots's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your ToRoots Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the Services.
Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.
ToRoots makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and ToRoots is not responsible for any SNS Content. We will create your ToRoots Account and your ToRoots Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active ToRoots Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ToRoots reserves the right to suspend or terminate your ToRoots Account and your access to the Services if you create more than one (1) ToRoots Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your ToRoots Account, whether or not you have authorized such activities or actions. You will immediately notify ToRoots of any unauthorized use of your ToRoots Account.ToRoots.com performs regular backups on all servers to ensure critical files are never lost. However ToRoots is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
Financial Transaction Terms
The Creators, not ToRoots, are solely responsible for honoring any confirmed bookings and making available any Group Tours reserved through the Services. If you, as a Seeker, choose to enter into a transaction with a Creator for the booking of a Group Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Creator and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Creator. Creators may not change the Tour Cost after a booking has been confirmed unless the Creator asks for your Consent (changes might include additional services that you request from the Creator). If a booking has not yet been confirmed by the Creator, the Creator may change the price, details, add discounts, local payments and other services requested by you but the Creator must notify you of this change and you must consent to this change before the Creator can confirm your booking. You acknowledge and agree that you, and not ToRoots, will be responsible for performing the obligations of any such agreements, that ToRoots is not a party to such agreements, and that, with the exception of its payment obligations hereunder, ToRoots disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that ToRoots is not a party to any agreements between you and the Creator, ToRoots acts as the Creator's payment agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon your payment of amounts to ToRoots which are due to the Creator, your payment obligation to the Creator is extinguished, and ToRoots will remit to the Creator the difference between the Tour Cost minus the Service Fee (defined below). The secure payment provider that ToRoots uses to process all payments is EBS or PayU.
General Terms about Cancellation, Refunds and Complaints
The cancellation details of all the experiences are provided in the details page of respective Experience. On any cancellation the amount as per the cancellation policy for the respective Experience is refunded to the source of payment within reasonable commercial time (7 – 10 days).
Neither ToRoots nor the Creators selling their tours on ToRoots.com offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Seeker due to no fault of ToRoots, or Creators working with ToRoots, which shall include any termination of the Seeker's participation in the tour due to the Seeker's own fault, negligence or breach of these Terms.
All Seeker complaints about their experience on tour will be passed onto the tour Creator's team to resolve. ToRoots is committed to working with tour Creators to achieve a high level of service. If the response time and/or response quality of the tour Creator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, ToRoots reserves the right to remove the Creators' tour Experiences from ToRoots.com Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
Unforeseen circumstances of Cancellations & Refunds
If a Creator cancels a confirmed booking made via the Services, (I) ToRoots will refund any Payment for such booking to the applicable Seeker within a commercially reasonable time of the cancellation and (II) the Seeker may receive an email or other communication from ToRoots containing alternative Experiences and other related information. If the Seeker requests a booking from one of the alternative Experiences this will be treated like a new group tour booking. If a Creator cancelled a confirmed booking and you, as a Seeker, have not received an email or other communication from ToRoots, please contact ToRoots at booking@ToRoots.com
Cancellation in the Event of Inclement Weather
Certain Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Creator has the discretion as to whether the weather conditions will prevent the Tour from taking place. As a Creator, if you need to cancel an Group Tour for reasons of inclement weather, you must contact the Seeker and ToRoots (at booking@ToRoots.com) as early as possible. Subject to the Seeker's consent, the Creator and the Seeker may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Seeker, please contact ToRoots so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Seeker, if you have contacted ToRoots as provided above and ToRoots is unable to find you a replacement Group Tour, ToRoots may refund the Payment for such booking to the Seeker within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. ToRoots cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Creator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Experiences.
As part of the Services, ToRoots may provide a feature through which Seekers may view prices for various Experiences in foreign currencies. You understand and agree that these views of prices are for informational purposes only and may not be the official local price for the Creator's Experiences. If you (as a Seeker) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of the Payment, if your booking is confirmed by a Creator. The currency in which you will be charged may be determined by ToRoots based on the payment method you select and the location of the Group Tour in the Experience you are booking. If the currency in which you will be charged is different from the currency chosen by the Creator to receive payment, ToRoots will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that ToRoots has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (I) although ToRoots would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (II) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, ToRoots would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date ToRoots makes payment to an Creator.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Group Tours; "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a ToRoots Seeker or Creator; offer, as an Creator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Creator if you are serving in the capacity of an agent for a third party); offer, as an Creator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one ToRoots Account or register for a ToRoots Account on behalf of an individual other than yourself; contact an Creator for any purpose other than asking a question related to a booking, such Creator's Group Tours or Experiences; contact a Seeker for any purpose other than asking a question related to a booking or such Seeker's use of the Services; when acting as a Seeker or otherwise, recruit or otherwise solicit any Creator or other Member to join third party services or websites that are competitive to ToRoots, without ToRoots's prior written approval (for clarity and without diminishing any of ToRoots's rights to enforce these Terms, ToRoots may cancel such offending Member's ToRoots Account, permanently block such Member from access to the Service, and take any legal action ToRoots deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Experience); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Creator or Seeker and then complete a booking of an Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to ToRoots's provision of the Services; as an Creator, submit any Experience with a false or misleading price information, or submit any Experience with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: (I) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (II) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (III) is fraudulent, false, misleading or deceptive; (IV) is defamatory, obscene, pornographic, vulgar or offensive; (V) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (VI) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, ToRoots's name, any ToRoots trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ToRoots's express written consent; access, tamper with, or use non-public areas of the Services, ToRoots's computer systems, or the technical delivery systems of ToRoots's providers; attempt to probe, scan, or test the vulnerability of any ToRoots system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ToRoots or any of ToRoots's providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Austria and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of ToRoots and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, ToRoots grants you a limited, non-exclusive, non-transferable license to (i) access and view any ToRoots Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ToRoots or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to ToRoots a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. ToRoots does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to ToRoots the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or ToRoots's use of the Member Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to INR 100,000.
ToRoots Gift Certificates
ToRoots enables anyone to purchase a Gift Certificates for varying currencies and denominations either for themselves or as gifts for friends and family. ToRoots's Gift Certificates may be used for any tour that can be booked and paid for on ToRoots.com. Unless otherwise specified or stated, multiple Gift Certificates can be used when booking a tour; there is no minimum spend; and are combinable with ToRoots's Travel Credits. Gift Certificates must be used in the currency they are issued in and they cannot be redeemed for cash or similar. Gift Certificates have an expiry date of 6 months from the date of purchase and must be added to a tour booking within this 6 month period however the departure date of the tour does not need to be within 6 months. Gift Certificates can only be used one time, it is your responsibility to make sure the value of the tour being booked is greater than the value of the Gift Certificate as the balance cannot be carried over. Gift Certificates can only be received via email and you are able to add a message to each Gift Certificates (optional) plus you are able to choose from different Gift Certificate themes. To purchase please visit ToRoots Gift Certificates page and follow the prompts. People who receive a Gift Certificate need only to enter the Gift Certificate code into the field of the tour booking page. Gift Certificates can be used for any bookings made where there is a balance remaining however Gift Certificates cannot be used where the full amount has already been paid. ToRoots reserves the right to run Special Gift Certificates offers. Unlike standard priced Gift Certificates, only one of Special Offer Gift Certificates can be used per booking and these can only be used on new bookings.
The Services may contain links to third-party websites or resources. You acknowledge and agree that ToRoots is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ToRoots of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of ToRoots used herein are trademarks or registered trademarks of ToRoots. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at feedback@ToRoots.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ToRoots and you hereby irrevocably assign to ToRoots and agree to irrevocably assign to ToRoots all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At ToRoots's request and expense, you will execute documents and take such further acts as ToRoots may reasonably request to assist ToRoots to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
ToRoots respects copyright law and expects its users to do the same. It is ToRoots's policy to terminate in appropriate circumstances the ToRoots Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
If you choose to use the services, you do so at your sole risk. You acknowledge and agree that toroots does not have an obligation to conduct background checks on any member, including, but not limited to, seekers and creators, but may conduct such background checks in its sole discretion. The services (including the site and application) and collective content are provided "as is", without warranty of any kind, either express or implied. without limiting the foregoing, toroots explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
Toroots makes no warranty that the services or collective content, including, but not limited to, the experiences or any group tours will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Toroots makes no warranty regarding the quality of any experiences, group tours, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the services. No advice or information, whether oral or written, obtained from toroots or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, including, but not limited to, any creators or seekers. You understand that toroots does not make any attempt to verify the statements of users of the services or to review or visit any group tours. Toroots makes no representations or warranties as to the conduct of users of the services or their compatibility with any current or future users of the services.
You agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, including, but not limited to, seekers and creators, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by toroots or take place during an group tour. Notwithstanding toroots's appointment as the limited agent of the creators for the purpose of accepting payments from seekers on behalf of the creators, toroots explicitly disclaims all liability for any act or omission of any traveler or other third party.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and collective content, your experience or booking of any group tours via the services, and any contact you have with other users whether in person or online remains with you. Neither toroots nor any other party involved in creating, producing, or delivering the services or the collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the services or collective content, from any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services or from your experience or booking of any group tour via the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not toroots has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will toroots's aggregate liability arising out of or in connection with these terms and your use of the services including, but not limited to, from your experience or booking of any group tour via the services, or from the use of or inability to use the services or collective content and in connection with any or interactions with any other members, exceed the amounts you have paid or owe for bookings via the services as a traveler in the twelve (12) month period prior to the event giving rise to the liability, or if you are a guide, the amounts paid by torootsto you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between toroots and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification and Release
You agree to release, defend, indemnify, and hold ToRoots and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (A) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (B) your Member Content; and (C) your (I) interaction with any Member, (II) booking of an Group Tour, (III)creation of an Experience or (IV) the use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by Austrian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Austrian embargoed countries.
If you participate in an Tour with an Creator who you feel is acting or has acted inappropriately, including but not limited to, anyone who (I) engages in offensive, violent or sexually inappropriate behaviour, (II) you suspect of stealing from you, or (III) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to ToRoots by contacting us with your police station and report number at feedback@ToRoots.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between ToRoots and you regarding the Services and Collective Content, and any bookings or Experiences of Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ToRoots and you regarding bookings or Experiences of Tours, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without ToRoots's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ToRoots may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ToRoots (I) via email (in each case to the address that you provide) or (II) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Pune Jurisdiction, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Bangalore for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
The failure of ToRoots to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ToRoots. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
If you have any questions about these Terms or any App Store Sourced Application, please contact ToRoots at
ToRoots Explorers Private Limited (ToRoots.com)
H 104 E,RIICO Industrial Area Mansrover,
Phone : +91 9718043685