Acceptance of Terms
Tourxel provides its Service (as defined below) to you through its web site located at www.tourxel.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
Modifications to Terms
Tourxel reserves the right, at its sole discretion, to change, modify, add, or remove portions of the TOS at any time by posting such changes through the Tourxel interface by publishing them on the Site. Please check this TOS periodically for changes. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. Your continued use of the Service after the effective date of any change to the TOS will be deemed to be your agreement to the modified TOS.
Description of Service
The “Service” includes access to (a) the Site, (b) the Tourxel solution for travel companies, tools and services provided through the Site, (c) configuration, setup and implementation services, if you purchase such services; and (d) all software, data, text, images, sounds, video, and content made available through the Site (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. You shall not allow any unauthorized user to access or use the Service. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) copy, modify or distribute any portion of the Service; (c) use the Service to process data on behalf of any third party; or (d) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. The failure of Tourxel to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Tourxel, even though it is electronic and is not physically signed by you and Tourxel, and it governs your use of the Service and takes the place of any prior agreements between you and Tourxel. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transfer(ring)”) in connection with or relating to the Service (“Your Content”). You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account. Tourxel reserves the right to access your account in order to respond to your requests for technical support. Tourxel has the right, but not the obligation, to monitor the Service, Content, or your Content. You further agree that Tourxel may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. Tourxel reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Tourxel’s website and in other communication with existing or potential Tourxel customers. To decline Touxel this right you need to email firstname.lastname@example.org stating that you do not wish to be used as a reference.
Payments and Refunds
The amount you pay for the Service („Subscription Fee”) will remain fixed during the subscription period unless you upgrade or downgrade Service or subscribe to additional features.
The applicable Subscription Fee is charged in advance on annual payment intervals. The Subscription Fee is non-refundable, i.e. there are no refunds or credits for periods where you did not use an activated Service, used it only partially, or deactivated the Service or terminated this TOS during an ongoing payment interval.
We will invoice you and email you all invoices no more than thirty (30) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within ten (10) days from the date of the invoice.
Subscription Fee is exclusive of all taxes, levies or duties applicable under any applicable law unless stated otherwise stated herein. You are solely responsible for the payment of such taxes, levies or duties.
Modifications to Service
Tourxel reserves the right to modify the Service or any part or element thereof from time to time without prior notice, including, without limitation.
As applicable, you may be notified of such modifications.
Cancellation and Terminations
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site. Tourxel reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your Content in the Service, for any reason, including if Tourxel believes that you have violated this TOS.
Tourxel shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Tourxel will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Tourxel. All of your Content on the Service (if any) may be permanently deleted by Tourxel upon any termination of your account in its sole discretion.
You will indemnify and hold harmless Tourxel and its employees from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Service or your Content and (ii) your violation of this TOS.
Limitation of Liability
YOU AGREE THAT TOURXEL SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TOURXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TOURXEL’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Tourxel may assign or transfer this TOS, in whole or in part, without restriction. You may not assign this TOS without the prior written consent of Tourxel.
This TOS shall be governed by the laws of the USA without regard to the principles of conflicts of law. Unless otherwise elected by Tourxel in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the USA for the purpose of resolving any dispute relating to your access to or use of the Service.