Terms of Service

Last Updated: January 15, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TourLoom Inc. ("TourLoom," "we," "us," or "our") governing your access to and use of our website, mobile applications, and related services (collectively, the "Platform"). By accessing or using TourLoom, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Platform.

Eligibility and Account Registration

You must be at least 18 years old to use TourLoom and create an account. By registering, you represent and warrant that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activity.

Platform Services and Booking Process

TourLoom operates as a marketplace connecting travelers with third-party tour operators and local guides. We facilitate the booking process but do not own, operate, or control the tours, accommodations, or transportation services offered through our Platform. When you book a service, you enter into a direct contractual relationship with the applicable tour operator. All bookings are subject to availability and acceptance by the tour operator. Confirmation of your booking does not guarantee service delivery; the tour operator remains responsible for fulfilling the services booked.

Pricing, Payment, and Fees

All prices displayed on TourLoom are quoted in the currency indicated and are subject to change until booking confirmation. You agree to pay the total amount shown at checkout, which includes the tour price, applicable taxes, booking fees, and any additional charges. Payment is processed through our secure third-party payment processors. We accept various payment methods as indicated during checkout. By providing payment information, you authorize us to charge the applicable fees. TourLoom earns revenue through booking commissions paid by tour operators and may charge service fees to users as disclosed during the booking process.

Cancellations, Refunds, and Modifications

Cancellation and refund policies are established by individual tour operators and will be clearly displayed before you complete your booking. You acknowledge that cancellation policies vary by operator and may include non-refundable deposits or full payment forfeitures. To cancel or modify a booking, you must contact us or the tour operator directly according to the instructions provided in your confirmation. Refunds, if applicable, will be processed according to the operator's policy and may take several business days to appear in your account. TourLoom's booking fees may be non-refundable even if the tour operator provides a refund for their services.

User Conduct and Prohibited Activities

You agree to use TourLoom only for lawful purposes and in accordance with these Terms. You must not use our Platform to engage in fraudulent transactions, impersonate others, transmit harmful code or viruses, scrape or harvest data, interfere with the Platform's operation, violate intellectual property rights, post false or misleading reviews, harass other users or tour operators, or attempt to circumvent security features. We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibitions, including removing content, suspending accounts, and cooperating with law enforcement.

Reviews, Ratings, and User Content

TourLoom allows users to submit reviews, ratings, photos, and other content about their travel experiences. By submitting content, you grant TourLoom a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your content for promotional and operational purposes. You represent that your content is accurate, does not violate any third-party rights, and complies with these Terms. We reserve the right to remove content that is inappropriate, offensive, defamatory, or violates our content guidelines. Reviews must be based on genuine experiences and must not be incentivized or manipulated.

Intellectual Property Rights

All content on the TourLoom Platform, including text, graphics, logos, images, software, and compilations, is the property of TourLoom or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any content from our Platform without our express written permission. The TourLoom name, logo, and related marks are trademarks of TourLoom Inc. and may not be used without authorization.

Third-Party Services and Links

Our Platform may contain links to third-party websites, applications, or services that are not owned or controlled by TourLoom. We provide these links for your convenience but do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party services. Your interactions with third parties, including tour operators, are solely between you and the third party. We encourage you to review the terms and policies of any third-party services you access through our Platform.

Disclaimers and Limitation of Liability

TourLoom provides the Platform on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or secure. To the fullest extent permitted by law, TourLoom disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. TourLoom is not responsible for the actions, errors, or omissions of tour operators or other third-party service providers. We shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform or any bookings made through it. Our total liability to you for any claim shall not exceed the amount you paid to TourLoom in the six months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless TourLoom, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, infringement of any intellectual property or other rights, or your conduct in connection with the services. This indemnification obligation will survive the termination of these Terms and your use of the Platform.

Dispute Resolution and Arbitration

Any dispute arising from or relating to these Terms or your use of TourLoom shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's rules. The arbitration will take place in New York, New York, unless both parties agree otherwise. You and TourLoom agree to waive the right to a jury trial and to participate in class actions or class arbitrations. This arbitration agreement shall survive the termination of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York and the United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of these courts.

Changes to Terms of Service

We reserve the right to modify these Terms at any time. When we make material changes, we will post the updated Terms on our Platform and update the "Last Updated" date. We may also notify you via email or through a prominent notice on the Platform. Your continued use of TourLoom after changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using our Platform and may close your account.

Termination and Suspension

We may suspend or terminate your access to TourLoom at any time, with or without cause or notice, if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use the Platform will immediately cease, but provisions regarding disclaimers, limitations of liability, indemnification, and dispute resolution will survive. You may close your account at any time by contacting us, subject to any pending bookings or obligations.

General Provisions

These Terms constitute the entire agreement between you and TourLoom regarding the Platform and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision does not constitute a waiver of that right. You may not assign or transfer these Terms without our consent, but we may assign them without restriction. Section headings are for convenience only and do not affect interpretation. These Terms do not create any agency, partnership, or joint venture between you and TourLoom.

Contact Information for Legal Matters

For questions or concerns about these Terms of Service, please contact us at:

TourLoom Inc.
315 W 39th St
New York, NY 10018
USA
Email: [email protected]
Phone: +1 917 460 3582