Terms & Conditions
Welcome to Tour By Me,
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between:
COMPANY NAME: TOUR BY ME
ADDRESS LINE 1: JL.MAHENDRADATTA UTARA NO 55B
ADDRESS LINE 2: TEGAL KERTHA, KEC. DENPASAR BAR, KOTA DENPASAR, BALI 80111, INDONESIA
CONTACT NUMBER: +62 81999 200099
(hereinafter referred to as the “Company” or “Tour By Me” or “us” or “our” or “we”) and you (hereinafter referred to as “you” or “your” or “user(s)”) and shall govern your use of our website – https://tourbyme.com/ and its related mobile application, namely, “Tour By Me” as available on Google Play Store, and Apple App Store
(hereinafter individually as well as collectively, referred to as the “App” or “Site” or “Platform”).
Tour By Me is a travel app that provides our users/holidaymakers the freedom to customize their own unique travel experience on the go. The activities and tours (collectively “Activity” or “Activities“) are offered by a variety of third-party local tour guides (“Tour Guides” or “Service Providers”). We act as an intermediary between you and the Service Providers. (hereinafter referred to as the “Services”)
This electronic record is generated by a computer system and does not require any physical or digital signatures. Your use of our App and our Services signifies your consent to these Terms and our other policies.
Please read these Terms carefully, as these, along with our Disclaimer, Cancellation and Refund Policy, Cookie Policy and Privacy Policy statement forms the entire agreement between you and Tour By Me. If you do not accept these Terms in its entirety, then you shall not use the Platform or avail any of our services. Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms shall be read in conjunction with our Disclaimer, Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement.
1. ACCEPTANCE OF THESE TERMS
By downloading or installing our App, or by accessing or using or registering or availing services on/through our App or Site in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the Site and App.
ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access the services and content on the Platform, and to make purchases. Such consent must be received by us from your parent’s email address.
iii. We must not have previously disabled your account for violation of law or any of our policies.
iv. You must have read all the appropriate travel and State guidelines before booking any tour or activity.
v. You agree, understand and acknowledge that we are an intermediary between you and Service Providers/Tour Guides/Drivers, and as such we are only a facilitator between you and such Service Provider, and we cannot be a party to or control in any manner any transactions on or off the Platform, or your interaction with the Tour Guide or Driver, as the case may be. Accordingly, the contract of service shall be a strictly bipartite contract between you and Service Provider/Tour Guides.
vi. You have read, understood and consented to our Disclaimer, Cancellation & Refund Policy, Cookie Policy, as well as our Privacy Policy statement.
2. ACCOUNTS, PASSWORDS AND SECURITY
a) Account: To access various parts of the Platform, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Social Media Signup: Besides having the option to sign up using email, you also have an option of signing up using social media accounts, such as Google and Facebook on the Site/App. In case you choose to sign up using any of the social media accounts, you will be redirected to the website of such social media accounts, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media websites. We are not liable for any loss caused to you due to any action of such third-party platforms.
c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately
notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not
share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
e) No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person, or from sharing the login credentials of your account with any third party, without our prior written consent.
3. HOW CAN YOU USE THE PLATFORM?
i. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Platform.
b) Rules: All tours, activities, and services are subject to prevailing guidelines of the appropriate governmental authority. You must follow all the applicable laws and rules, including covid and vaccination related guidelines and directions. Please read all travel and State guidelines as well before booking any service.
c) Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All the submitted information will be processed in accordance with our Privacy Policy statement.
d) Donation: Tour By Me has a donation policy as per which it donates a certain amount from the percentage of its profit to three main sectors: i) Animal, ii)Orphanage, and iii) Nature. The donation will only be made if the transaction and the booking is successful.
e) Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, video, graphics, sound material, published on the App/Site, whether a copyright of Tour By Me, Service Providers, Tour Guides, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself, or your experiences.
b) You can’t post, message, raise, or comment on any political, racist or such other issue which affects a person, community or society.
c) You must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
d) You must not:
● republish material from this Platform;
● sell, rent or sub-license material from the Platform;
● show any material from the Platform in public without our consent;
● edit or otherwise modify any material on the Platform (other than editing your own information/content as per the method provided);
● reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
● redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
● infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Service Providers, other users, licensors or any third party;
● We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.
e) You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
f) You must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
g) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve
the right to suspend or terminate your account or your access to the Platform or our services, at our sole
discretion.
4. WRITING A REVIEW OR LEAVING A FEEDBACK
You may be able to rate the services you avail from the Platform, share your experience and provide feedback or review. In such a case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights. We reserve the right to delete or not display your feedback, at our sole discretion.
5. OUR CONTENT AND RIGHTS
This App, Site, its logos, its content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of the Tour By Me, and/or its licensors, as the case may be. Your use of or access to this App/Site, or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this App or Site or our services or any content (except your own content) or designs published by us or our licensors or third parties. This Site/App, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to the Tour By Me and are protected. No use of a trademark, trade dress, trade name or design appearing on this Platform may be made without the prior written permission of the Tour By Me.
6. FEEDBACK RIGHTS
To the extent that you provide Tour By Me with any comments, suggestions or other feedback regarding the Tour By Me platform or Site or App, as well as other Tour By Me services (collective, the “Feedback”), you will be deemed to have granted Tour By Me an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Tour By Me is under no obligation to implement any Feedback it may receive from users.
7. COOPERATION WITH GOVERNMENT AUTHORITIES
Tour By Me reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against the Service Providers, or the users, as the case may be.
8. PRIVACY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Site and App.
9. LINKS TO THIRD-PARTY SITE
The Platform might contain links to third-party websites, products and services. Such third-party links are not under the control of Tour By Me, and Tour By Me is not responsible for any third-party links. Tour By Me provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party platform, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Tour By Me shall not be responsible.
10. PRICES AND PAYMENT
All services are subject to acceptance and availability, and you agree to pay for the services that you book on our App/website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payments. You shall be responsible to borne all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our services, or discontinue certain parts of our services, at any time at our sole discretion, without any prior notice. In case, the payment does come through our backend, we will not be able to process your booking. An additional fee might be charged by the Tour Guide in case you request additional hours of service from them, or in case where you accidentally or purposely damage or harm their person or property in any manner whatsoever.
To understand our refund policy, please refer to our Cancellation & Refund Policy posted on the App and Site.
11. COVID19
The user agrees that due to recent outbreak of COVID-19 which has been declared as pandemic, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the user, by assigning or not assigning any specific reason for such refusal.
Refusal of service may be due to the reasons including but not limited to the user:
● Exhibiting any symptoms associated with COVID 19; or
● Refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.; or
● Suffering of any ailment making the user or other persons vulnerable to the virus; or
● Posing a threat to the health and safety of others; or
● Any other condition put forward by the appropriate governments.
In such cases Tour By Me will determine the next course of action based on the facts and circumstances of the situation at hand. However, our App has an emergency button which may help you in any difficult circumstance by sending your precise location (based on your consent/permission) to our customer service, and subject to availability, we may be able to send someone to take care of the issue.
The user further understands that due to the outbreak of COVID-19, there may be frequent changes in guidelines and/ or SOPs issued by the appropriate governments that a traveler will have to follow in order to undertake the travel.
The user agrees to abide with all such guidelines/SOP while undertaking any travel. In case a user fails to adhere to the same which results in the refusal to travel, Tour By Me will not be held liable.
12. NON-CIRCUMVENTION
You, either alone or through a partner, company or joint-venturer, shall not make any efforts to solicit any of our Service Providers, either directly, or indirectly, in an attempt to receive the services by circumventing us. We reserve the right to cancel the whole transaction (without any refunds) if we find out about any fraudulent transaction or bypass payment. This Section shall survive the termination or
expiration of these terms or our relationship.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Tour By Me (or our licensors or affiliates) be liable to you or any third party for any financial loss, travel loss, loss of health, injury, lost data, costs of procurement of substitute products or services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Platform or its services, even if Tour By Me has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your person, device or computer system, or loss of data resulting therefrom. We are not liable for the services provided by the Service Providers or Tour Guides, or for their action, inaction, behavior or conduct.
14. INDEMNITY
You acknowledge to defend, indemnify and hold Tour By Me, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services or Site or App;
c) Your violation of any applicable laws, rules or regulations;
d) Your violation of these Terms, or any other policy of Tour By Me as associated with our
services;
e) The indemnifications set forth above will survive the termination or expiration of these
Terms and/or your use of our services.
15. TRANSACTION AND DISPUTES BETWEEN YOU AND SERVICE PROVIDERS
a) Tour By Me is merely a facilitator and is not and cannot be a party to or control in any manner any offers or deals or transactions of sale or purchase, between the Service Providers and you.
b) When a service is availed from a Service Provider by you, the same will be governed by the bipartite contractual arrangement entered into directly between you and the Service Provider. You hereby agree that Tour By Me cannot and does not confirm each Service Provider’s purported identity. Tour By Me encourages buyers to exercise discretion and caution while dealing with any Service Provider.
c) For any deal, Tour By Me does not represent either the Service Provider or the buyer in specific transactions. Tour By Me does not control and is not liable to or responsible for the quality, safety, suitability of services, products, lawfulness or availability of the services provided by Service Providers. At no time shall any right, title or interest in the service vest with Tour By Me nor shall Tour By Me have any obligations or liabilities in respect of any such transactions.
d) Tour By Me shall neither be liable nor responsible for any actions or inactions of the user, nor any breach of conditions, representations or warranties of the services and hereby expressly disclaims any and all responsibility and liability in that regard. Tour By Me shall not mediate or resolve any dispute or disagreement between buyer and the Service Provider.
e) In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify Tour By Me (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
f) User hereby further agrees, acknowledges and confirms that in case of any dispute, user’s only
recourse will be against the Service Provider and we will not be made a party to any such issue and/or dispute between the Service Provider and the user.
g) However, please feel free to get in touch with us in such situations, and we’ll do the best that we can for you under the given circumstances. You can contact us at [email protected].
16. INTELLECTUAL PROPERTY COMPLAINTS
Please notify us if you believe any of your intellectual property rights have been infringed on our Platform. Please file your intellectual property infringement claim in accordance with our Intellectual Property Claims Notice posted on the App and Site.
17. LEGALACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Tour By Me or its directors/owners, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
18. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: These Terms and any dispute arising from the same will be governed by applicable laws of the Republic of Indonesia.
ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in Bali, Indonesia.
iii. Disputes between users and Service Providers: You understand and acknowledge that Tour By Me is a mere facilitator between you and the Service Providers, and we in no way are responsible for the conduct of either the users or Service Providers. Therefore, if you have any claim or dispute against one of the Service Providers, you undertake to take it up directly with the concerned Service Provider, as the case may be. Tour By Me shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that any other Service Provider has violated our Terms, applicable law, or any other policy of Tour By Me, you can file your complaint at [email protected], and we will take necessary action in accordance with our policies and applicable law.
iv. Emergency: Our App has an emergency button which may help you in any difficult circumstance by sending your precise location (based on your consent/permission) to our customer service, and subject to availability, we may be able to send someone to take care of the issue.
19. Law Enforcement Contact
Some of the contact details of Traffic Emergency Services in Bali, Indonesia are provided below for your aid. Should you come across a road accident please contact these officers via the following telephone numbers:
NO UNIT Tel. No.
1. POLDA BALI 0361-223699
2. POLTABES DENPASAR 0361-427352
3. RES BADUNG 0361-829899
4. RES TABANAN 0361-814432
5. RES BULELENG 0362-22331
6. RES GIANYAR 0361-945820
7. RES BANGLI 0366-91561
8. RES KLUNGKUNG 0366-22169
9. RES KARANGASEM 0363-23155
10. RES JEMBRANA 0365-43110
20. Notices
When you use the App/Site or send emails to Tour By Me, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. Tour By Me will communicate with you by email or by posting notices on this App/Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
21. Miscellaneous
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your account, and your access to our website/App/services, at our sole discretion without any refunds.
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Tour By Me and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
viii. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Tour By Me, which may be withheld at Tour By Me’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
ix. Entire Terms: The Terms & Conditions, Disclaimer, Cancellation & Refund Policy, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Tour By Me and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Site.
x. Force Majeure: Tour By Me and its third party service providers (tour guides/drivers) will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.
22. Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these Terms or Disclaimer or Cancellation & Refund Policy or Privacy Policy, or with any content or service of Tour By Me, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:
● Email: [email protected]
● Phone: +62 81999 200099
● Postal: Jl.Mahendradatta Utara no 55B, Tegal Kertha, Kec. Denpasar Bar, Kota Denpasar, Bali 80111, Indonesia
23. Feedback and Information
We welcome your questions or comments regarding these Terms. You can write to us via email: [email protected].
Last updated on September 01, 2022.