Terms of service

Last Updated: June 1, 2016

Use of TourMega is subject to the terms and conditions for use outlined below.

By using TourMega you agree to these Terms.By accessing or using TourMega you agree to be bound

This ("agreement") sets forth the legally binding Terms for your use of TourMega services. By using the TourMega Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TourMega Website), or a "Member" (which means that you have registered with TourMega). The term "User" refers to a Visitor or a Member. You are only authorised to use TourMega Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you wish to become a Member, communicate with other Members and make use of TourMega Services, you must read this Agreement and indicate your acceptance during the Registration process. The content and information on this website and associated mobile applications (including, without limitation, price and availability of tour services and activities), as well as the software and infrastructure used to provide such content and information, is proprietary to TourMega (“TourMega”) or its affiliates, suppliers, and providers.

TourMega has the right to and may modify this agreement from time to time and such modification shall be effective upon posting by TourMega on the TourMega website. You agree to be bound to any changes to this agreement when you use TourMega after any such modification is posted. It is therefore important that you review this agreement regularly to ensure you are updated as to any changes.

Privacy Policy

Your use of this website and apps is governed by TourMega’s Privacy Policy, which is available on the TourMega Privacy Policy page and incorporated by reference into these terms.

Description of Service

TourMega provides users with tools and resources for searching, planning, and posting tours and activities, including online collaboration tools and search services now available or hereafter developed, including without limitation any software incorporated into such tools and services (the "service").

You understand and agree that the Service is provided "as-is" and that TourMega assumes no responsibility for the timeliness, deletion, service delivery problem, or failure to search, store any user information, user communications or personalisation settings.

TourMega is not responsible for collecting or remitting taxes in connection with your purchases of services from these third party tour and activity providers.

You may not access TourMega using automated processes, even if this is for personal use.

Use of copyrighted materials/trademarks

Any materials on this website or app, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to TourMega. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by TourMega and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the website or the apps, you are hereby authorised to view, download, cache, copy, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the TourMega copyright notice. (2) TourMega reserves the right to revoke such authorisation at any time, and any such use by you shall be discontinued immediately upon notice from TourMega.

Hyperlinks to this website

You are granted a limited, nonexclusive right to create a "hypertext" link to the home page of this website or app provided that such link does not portray TourMega or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilise framing techniques to enclose any TourMega trademark, logo or trade name or other proprietary information including the images found at the website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of TourMega.

Member accounts, passwords and security

Certain areas of the website or the app may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive a profile and you select your own password that will enable you to access all travel services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You agree that TourMega cannot and will not be liable for any loss or damage arising from your failure to comply with this policy. When you have logged in to your profile you will remain logged in until you log out even if you close the browser used by you.

Content submitted for inclusion on or for distribution through TourMega

You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the website or the app or make available using the service, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. TourMega does not claim ownership of content (including photos and graphics) you submit or make available for inclusion as part of our travel content. However, with respect to travel content you submit or make available for inclusion as part of TourMega’s travel content, you grant TourMega a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the destination to which such content was submitted

This license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or TourMega removes such content from the service. You agree to provide a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) you submit or make available for inclusion in "publicly accessible" areas of the service. "Publicly accessible" areas of the service are those areas that are intended by TourMega to be available to the general public including tour and activity content where the option to share tour and activity content with the public has been selected.

If you want to use certain features of the Services you’ll need to create an account with a username and password (an “Account”) and become a “Member”. You can do this via our Site or through your account with certain third-party social networking services such as Facebook (an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

TourMega does not control the content posted by third parties via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will TourMega be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.

General practices regarding use of TourMega

You acknowledge that TourMega may establish general practices and limits concerning use of the service, including without limitation the maximum number of itineraries that may be saved in your profile, the maximum size of members that can work on a specific itinerary and the maximum disk space that will be allotted on TourMega’s servers on your behalf. In addition, you agree not to take any action that might impose, in TourMega's discretion, a disproportionately large load on TourMega's servers or infrastructure.

Modification of service

TourMega reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the service (or any part thereof) with or without notice. You agree that TourMega shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

Termination

You agree that TourMega may, at its sole discretion and without prior notice, immediately terminate your profile and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these terms of use or other TourMega agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the services. Termination of your profile includes (a) removal of access to all offerings within the service, including but not limited to your tour and activity itineraries, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations for cause shall be made in TourMega's discretion and that TourMega shall not be liable to you or any third-party for any termination of your profile or access to itineraries created using the service.

Liability disclaimer

Your use of the service is at your sole risk. The service is provided on an "as-is" and "as available" basis. TourMega expressly disclaims all warranties of any kind. TourMega makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. The information, software, and services on the website or in the app may include inaccuracies or typographical errors. In particular, TourMega and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of tours and activities displayed on this website or app (including, without limitation, photographs, general descriptions, much of which information is provided by the respective suppliers. TourMega and/or its suppliers may make improvements and/or changes on this website or in the app at any time.

TourMega makes no representations about the suitability of the information, product, and services contained on this website or in the app for any purpose, and the inclusion or offering for sale of any product or service on this website or in the app does not constitute an endorsement or recommendation of such products or services by TourMega. All such products and services are provided without warranty of any kind. TourMega, its affiliates, and/or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

TourMega suppliers, including without limitation tour operators providing travel or other services for or through TourMega are not agents or employees of TourMega. TourMega makes no warranties or guarantees with regard to the services provided by third party suppliers. TourMega is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. TourMega has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond its direct control, and it has no responsibility for any additional expense, omission, delays, re-routing, or acts of any government or authority. In no event shall TourMega and its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this website or app or with the delay or inability to use this website or app, or for any information, software, products, and services obtained through this website or app, or otherwise arising out of the use of this website or app. Notwithstanding the foregoing, in no event will the total, cumulative liability of TourMega (or its agents or suppliers) for damages under this agreement exceed the amounts earned by TourMega for the product or service giving rise to such damages.

Indemnification

You agree to defend, indemnify and hold TourMega harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties arising out of content you submit, post, transmit, or make available through the TourMega website or app, your use of the service, (iii) any third party arising out of your use of the service or the use of the service by any person using your profile and/or password, or (iv) by third parties arising out of your breach of these terms of use, or your violation of any law or the rights of a third party.

No unlawful or prohibited use

As a condition of your use of this service, you warrant that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

In particular, it is prohibited to use TourMega's computer systems to transmit unsolicited material.. Violations of our Terms of service and spam policy may result in legal action against you and the termination, without notice, of your TourMega profile and all information and itineraries associated with it TourMega does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

You agree to not use the TourMega website or app to:

  • Upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Impersonate any person or entity, including, but not limited to, a TourMega official or travel supplier, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload, post, email, or otherwise make available any content that you do not have a right to make available;
  • Upload, post, email, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", or any other form of solicitation;
  • Upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Service or servers or networks connected to the Service.

You acknowledge that TourMega may or may not screen content, but that TourMega has the right (but not the obligation) at its discretion to screen, refuse, or move any content that is available via the service. Without limiting the foregoing, TourMega and its designees shall have the right to remove any content that violates these terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by TourMega or submitted to TourMega.

Advertising and links to third-party sites

TourMega may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website, without TourMega’s written consent.

Intellectual property

You agree not to copy, reverse engineer, or attempt to discover any source code, distribute or create derivative works based on the service, in whole or in part. You agree not to access the service by any means other than through the interface that is provided by TourMega for use in accessing the service. In addition, any software that is made available from this website or app, including, without limitation, all HTML code and web controls, are owned by or licensed to TourMega. Any reproduction or redistribution of this software is expressly prohibited.

TourMega's tour and activtiy search tools are to assist users in determining the availability of related services. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website or app in accordance with all terms of use herein. You agree to be financially responsible for all of your use of this website or app (as well as for use of your profile by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using this website and app is true and accurate.

You understand all purchases on third party web- or mobile sites are made under the terms of use of the outlined on the suppliers web- or mobile site and that any violation of any supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any tours or activities, in your forfeiting any monies paid for such reservation(s) or purchase. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this web- or mobile site.

Travel destinations

Although most travel is completed without incident, travel to certain destinations may involve greater risk. By making travel available to particular destinations, TourMega does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

Applicable Law

To the extent permitted by law, the laws of the State of California (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them.

Contact Us

If you have any questions about these Terms, please contact us.