These Terms and Conditions (“Terms”) govern your access to and use of the Tour Adviser web application, API, and associated services (collectively, the “Platform”) provided by Tour Adviser (“we,” “us,” or “our”). By accessing or using the Platform, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity (such as a travel agency or tour operator), you represent that you have the authority to bind such entity to these Terms.
1. Description of Service
Tour Adviser provides a B2B cloud-based tour operations platform designed for Destination Management Companies (DMCs), tour operators, and travel agents. The Platform includes tools for AI-supported quotation building, booking management, supplier coordination, itinerary generation, and financial tracking.
2. Account Registration & Security
Eligibility
The Platform is intended strictly for business-to-business (B2B) use. You must be an authorized representative of a registered travel or hospitality business to create an account.
Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
User Roles
Subscribers are responsible for managing the permissions and role-based access of their staff and partners within their workspace.
3. License and Acceptable Use
License Grant
Subject to your compliance with these Terms and payment of applicable fees, Tour Adviser grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your internal business operations.
Restrictions
You may not:
- (a) copy, modify, or reverse engineer the Platform;
- (b) resell, sublicense, or distribute access to the Platform to unauthorized third parties;
- (c) use the Platform to transmit malicious code, spam, or unlawful content; or
- (d) attempt to bypass or disrupt the integrity or security of the Platform or its API.
4. Fees, Billing, and Payments
Subscription Fees
Access to certain features of the Platform requires payment of subscription fees. Fees are billed in advance on a recurring basis (e.g., monthly or annually) as selected during registration.
Payment Terms
All payments are non-refundable unless otherwise specified in writing. If a payment fails, we reserve the right to suspend your access to the Platform until the outstanding balance is settled.
Taxes
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities related to your subscription.
5. Data Ownership and Processing
Your Data
You retain all ownership rights to the data, traveler information, pricing, and content you input into the Platform (“Customer Data”). You grant Tour Adviser a license to host, process, and display this data solely as necessary to provide the services to you.
Data Protection
We will process Customer Data in accordance with our Privacy Policy and applicable data protection laws, including the Malaysian PDPA. You are solely responsible for obtaining the necessary consent from your clients (travelers) before entering their personal data into our Platform.
Tour Adviser IP
We retain all rights, title, and interest in and to the Platform, including its software, AI models, interface design, algorithms, and branding.
6. Third-Party Integrations and Suppliers
The Platform allows you to manage and interact with third-party suppliers (e.g., hotels, guides, transport). Tour Adviser is not a party to any agreements or transactions between you and your suppliers or clients. We are not responsible for the accuracy of supplier rates, the quality of third-party services, or any booking failures resulting from incorrect data entry.
7. Service Availability and Updates
We strive to ensure maximum uptime for the Platform, but we do not guarantee that the service will be 100% uninterrupted, timely, or error-free. We may perform scheduled maintenance or roll out system updates, which may temporarily limit access to the Platform. We will make reasonable efforts to notify you in advance of planned downtime.
8. Limitation of Liability
To the maximum extent permitted by law, Tour Adviser and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, or business opportunities, arising out of or related to your use or inability to use the Platform. Our total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by you to Tour Adviser in the twelve (12) months preceding the event giving rise to the claim.
9. Term and Termination
Termination by You
You may cancel your subscription at any time by providing notice through your account settings or by contacting our support team.
Termination by Us
We may suspend or terminate your access to the Platform immediately if you breach any of these Terms, fail to pay subscription fees, or use the Platform for fraudulent or illegal activities.
Effect of Termination
Upon termination, your right to access the Platform will immediately cease. We will provide a limited window for you to export your Customer Data before it is securely deleted from our active systems.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Kuala Lumpur, Malaysia.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes via email or through a prominent notice on the Platform dashboard. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
12. Contact Us
If you have any questions or concerns regarding these Terms, please contact us at:
Tour Adviser
Email: legal@tour-adviser.com
Address: A-25-3A Jalan 1/48a, Bandar Baru Sentul, 51000 Kuala Lumpur, Malaysia
Website: www.tour-adviser.com