AGB
Updated 7 September 2023
General terms
By accessing the Custours website and placing an order, you confirm that you agree to and are bound by the terms and conditions of service contained in the Terms and Conditions below. These terms and conditions apply to the entire website and any email or other form of communication between you and Custours.
In no event shall the Custours team be liable for any direct, indirect, special, incidental, or consequential damages, including, without limitation, damages for loss of data or profit, arising out of the use or inability to use the materials on this site, even if the Custours team or an authorized representative has been advised of the possibility of such damages. If use of the material on this site results in the need for servicing, repair or correction of equipment or data, you assume the cost thereof.
Custours is not liable for any consequences that may arise from the use of our resources. We reserve the right to change prices and revise the terms of use of the resources at any time. This privacy policy was created with Termify.io
License
Custours grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Site solely in accordance with the terms of this Agreement.
These Terms are a contract between you and Custours (referred to in these Terms as “Custours”, “us”, “we” or “our”), the provider of the Custours Website and the services accessible from the Custours Website (referred to in these Terms as the “Custours Service”).
You agree to be bound by these terms and conditions. If you do not agree with these terms, please do not use the Custours service. In these Terms and Conditions, the term “you” refers to both you as an individual and the company you represent. If you violate these Terms and Conditions, we reserve the right to terminate your account or block access to your account without notice.
Definitions and key terms
In order to explain things as clearly as possible in these General Terms and Conditions, all terms referred to are strictly defined as:
- Cookie: small amount of data generated by a website and stored by your web browser. It is used to identify your browser, perform analytics, and remember information about you, such as your language preference or login credentials.
- Company: When these Terms refer to “Company”, “we”, “us” or “our”, this refers to Custours (Dubai Digital Park, Building A1, Dubai Silicon Oasis), which is responsible for your data under these Terms and Conditions.
- Country: the country in which Custours or the owners/founders of Custours are based, in this case the United Arab Emirates
- Device: any device connected to the internet, such as a phone, tablet, computer or other device, that allows you to visit Custours and use the Services.
- Service: refers to the service provided by Custours as described in the relevant Terms and Conditions (if any) and on this Platform.
- Third Party Service: refers to advertisers, contest sponsors, advertising and marketing partners and others who provide our content or whose products or services we believe may be of interest to you.
- Website: The Custours website, which can be accessed via the following URL: www.custours.com
- You: a natural or legal person registered with Custours for the use of the Services.
Restrictions
They pledge not to do so and will not allow others to do so:
- license, sell, rent, lease, assign, distribute, transfer, host, outsource, disclose or otherwise commercially exploit the Website or make the Platform available to any third party.
- Modify, derive, disassemble, decrypt, reverse compile or reverse engineer any part of the Site.
- Remove, alter or obscure any proprietary notices (including copyright or trademark notices) of Custours or its affiliates, partners, suppliers or the Site’s licensors.
Payment
When you pay for one of our one-time payment plans, you agree to pay any fees or charges on your account for the Service in accordance with the fees, charges and billing terms in effect at the time each fee or charge is due and payable. Your contract with the Payment Provider governs your use of the Specified Credit Card Account, and you must refer to that contract, not these Terms, to determine your rights and obligations with respect to your Payment Provider. By providing Custours with your credit card number and associated payment information, you agree that Custours is authorized to immediately verify the information and subsequently bill your account for all fees and charges due and payable, and that no further notice or consent is required. You agree to inform Custours immediately of any change in your billing address or the credit card used for payment. Custours reserves the right to change its prices and billing methods at any time, either immediately upon posting on our website or by emailing your company’s administrator(s).
Any attorney’s fees, court costs or other costs incurred in the collection of delinquent, undisputed amounts shall be at your expense and paid by you.
Return and Refund Policy
Thanks for shopping at Custours. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to transactions at Custours. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Custours, you agree to the terms along with Custours’s Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.
Your proposals
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) that you provide to Custours with respect to the Site will remain the sole and exclusive property of Custours.
Custours is free to use, copy, modify, publish or redistribute the suggestions without any endorsement or compensation to you.
Your consent
We have updated our Terms and Conditions to provide you with complete transparency about what information is collected when you visit our website and how it is used. By using our website, registering an account or making a purchase, you hereby agree to our Terms and Conditions.
Links to other websites
These General Terms and Conditions apply only to the Services. The Services may contain links to other websites that are not operated or controlled by Custours. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please note that our Terms and Conditions will no longer apply if you switch from the Services to another website via a link. Your browsing and interaction on any other website, including those that link to our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Custours uses “cookies” to identify the areas of our website that you have visited. A cookie is a small record that is stored by your web browser on your computer or mobile device. We use cookies to improve the performance and functionality of our website, but they are not essential for its use. However, without these cookies, certain features such as videos may not be available or you would have to enter your login information each time you visit the site, as we would not be able to remember that you previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the features of our website correctly or at all. We never store personally identifiable information in cookies.
Changes to our General Terms and Conditions
You acknowledge and agree that Custours may, in its sole discretion and without prior notice to you, discontinue (permanently or temporarily) providing the Service (or any feature of the Service) to you or to users generally. You can stop using the service at any time. You do not need to explicitly inform Custours if you stop using the service. You acknowledge and agree that if Custours suspends access to your account, you may no longer be able to access the Service, your account information, or any files or other materials contained in your account.
If we decide to change our Terms and Conditions, we will post those changes on this page and/or update the Terms and Conditions change date below.
Changes to our website
Custours reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site or any service with which it is associated, with or without notice and without liability to you.
Updates on our website
Custours may offer enhancements or improvements to the features/functions of the Site from time to time, which may include patches, bug fixes, updates, upgrades and other changes (“Updates”).
The updates may change or delete certain features and/or functions of the Website. You agree that Custours is under no obligation to provide you with (i) provide updates; or (ii) continue to make available or enable certain features and/or functions of the Website.
You further agree that all updates will be (i) be considered an integral part of the Website; and (ii) are subject to the terms and conditions of this Agreement.
Third party services
We may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services (“Third Party Services”).
You acknowledge and agree that Custours is not responsible for the services of third parties, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Custours does not assume any liability or responsibility to you or any other person or entity for the services of third parties.
The Third Party Services and links to them are provided to you solely as a convenience, and you access and use them solely at your own risk and subject to the terms and conditions of such third parties.
Term and termination
This Agreement will remain in effect until terminated by you or Custours.
Custours may, in its sole discretion, suspend or terminate this Agreement at any time, for any or no reason, with or without notice.
This Agreement will terminate immediately and without prior notice from Custours if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Site and all copies thereof from your computer.
Upon termination of this Agreement, you will cease using the Website and delete all copies of the Website from your computer.
Termination of this Agreement will not limit Custours’ rights or remedies if (during the term of this Agreement) you breach any of your obligations under this Agreement.
Copyright infringement notice
If you are a copyright owner or its agent and believe that material on our website infringes your copyright, please contact us using the information below: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) Identification of the material that is claimed to be infringing; (c) Your contact information, including your address, telephone number and an email address; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner under penalty of perjury.
Compensation
You agree to indemnify and hold Custours and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your: (a) the use of the Website; (b) the violation of this Agreement or any law or regulation; or (c) the infringement of a right of a third party.
No guarantees
The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects, without warranty of any kind. To the fullest extent permissible pursuant to applicable law, Custours, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise in the course of dealing, performance, usage or trade practice. Without limiting the foregoing, Custours does not warrant or make any representations that the Site will meet your requirements, achieve the intended results, be compatible or interoperate with any other software, websites, systems or services, operate without interruption, meet performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Custours nor any Custours supplier makes any representation or warranty, express or implied: (i) with respect to the operation or availability of the Site or the information, content and materials or products contained therein; (ii) that the Website will operate uninterruptedly or without error; (iii) with respect to the accuracy, reliability or timeliness of any information or content provided through the Site; or (iv) that the Website, its servers, content or emails sent by or on behalf of Custours are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you.
Limitation of liability
Notwithstanding any damages you may incur, the entire liability of Custours and its suppliers under the terms of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Site.
To the fullest extent permitted by law, in no event shall Custours or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, privacy arising out of the use of or inability to use the Site, third party software and/or third party hardware used with the Site, or otherwise in connection with any provision of this Agreement), even if Custours or a supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Separability
If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified and construed to achieve the objectives of such provision to the maximum extent possible under applicable law, and the remaining provisions shall remain in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices posted by Custours on the Services, constitutes the entire agreement between you and Custours with respect to the Services. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Custours’ failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. YOU AND Custours AGREE THAT ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES MUST BE ADJUSTED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH A CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as otherwise provided in this Agreement, the failure to exercise any right or to perform any obligation under this Agreement shall not affect the ability of any party to exercise such right or to require such performance at any subsequent time, nor shall the waiver of any breach be deemed a waiver of any subsequent breach.
The failure or delay by either Party to exercise any right or power under this Agreement shall not be deemed a waiver of such right or power. Nor shall the single or partial exercise of any right or power under this Agreement preclude the further exercise of such right or any other right granted hereunder. In the event of any conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall control.
Amendments to the Agreement
Custours reserves the right to modify or replace this Agreement at any time at its sole discretion. If a change is material, we will provide notice at least 30 days before the new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you will no longer be eligible to use Custours.
Entire agreement
The Agreement constitutes the entire agreement between you and Custours with respect to your use of the Site and supersedes all prior and contemporaneous written or oral agreements between you and Custours.
If you use or purchase other services from Custours, you may be subject to additional terms and conditions that will be communicated to you by Custours at the time of use or purchase.
Updates to our terms and conditions
We may change our service and policies, and we may need to change these terms to accurately reflect our service and policies. Unless otherwise required by law, we will notify you (e.g., through our Service) before we make any changes to these Terms and give you an opportunity to review them before they become effective. If you then continue to use the Service, you will be bound by the updated Terms. If you do not wish to agree to these or other updated terms, you may delete your account.
Intellectual property
The Website and all of its content, features and functionality (including, but not limited to, all information, software, text, advertisements, images, video and audio materials, and the design, selection and arrangement thereof) are owned by Custours, its licensors or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Custours, except as expressly provided in these Terms and Conditions. Any unauthorized use of the material is prohibited.
Conciliation agreement
This section applies to all disputes, EXCEPT DISPUTES RELATING TO CLAIMS FOR DAMAGES OR EQUALITY CLAIMS RELATING TO THE PERFORMANCE OR VALIDITY OF YOUR OR Custours’ INTELLECTUAL PROPERTY RIGHTS. The term “Dispute” means any dispute, claim or other controversy between you and Custours relating to the Services or this Agreement, whether in contract, warranty, tort, statute, rule, regulation or any other legal or equitable basis. The term “dispute” has the broadest possible meaning permitted by law.
Announcement of the dispute
In the event of a dispute, you or Custours must provide the other party with a notice of dispute, which is a written statement that includes the name, address, and contact information of the party providing it, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute by email to: info@custours.com. Custours will send any notice of dispute to you by mail to your address, if we have it, or otherwise to your email address. You and Custours will attempt to resolve any dispute through informal negotiations within sixty (60) days from the date of notice of the dispute. After the expiration of sixty (60) days, you or Custours may initiate arbitration.
Binding arbitration
If you and Custours cannot resolve a dispute through informal negotiations, all other efforts to resolve the dispute will be conducted solely through binding arbitration as described in this section. You waive the right to litigate any dispute in court before a judge or jury (or to participate as a party or class member). The dispute shall be resolved by binding arbitration in accordance with the American Arbitration Association Rules for Commercial Arbitration. Either party may apply to any court of competent jurisdiction for a temporary or preliminary injunction if necessary to protect the party’s rights or property pending the outcome of the arbitration. All legal, accounting and other costs, fees and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and data protection
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Custours without compensation or acknowledgement to you. Custours and its affiliates shall have no obligations with respect to such submissions or contributions and may use the ideas contained in such submissions or contributions for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.
Promotions
Custours may, from time to time, offer contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information about yourself. Please note that all promotions may be subject to separate rules that may include certain eligibility requirements, such as age and geographic location restrictions. It is your responsibility to read all promotion rules to determine whether or not you are eligible to participate. By participating in a Promotion, you agree to follow and abide by all rules of the Promotion.
Additional terms and conditions may apply to the purchase of goods or services through the Services, which are made a part of this Agreement by this reference.
Typographical errors
In the event that a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for product and/or service listed at the incorrect price. We have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately credit your credit card account or other payment account in the amount of the charge.
Other
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Any waiver of any provision of these Terms and Conditions shall be effective only if made in writing and signed by an authorized representative of Custours. Custours shall be entitled to a cease and desist order or other equitable relief (without the requirement to post a bond or security) in the event of a breach or anticipated breach by you. Custours operates and controls the Custours service from its offices in the United Arab Emirates. The Service is not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation. Accordingly, those persons who access the Custours Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions (which include the Custours Privacy Policy) contain the entire agreement between you and Custours and supersede all prior agreements relating to the subject matter hereof and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and have no legal significance.
Disclaimer
Custours is not responsible for the content, code or other inaccuracies.
Custours makes no warranties or representations.
In no event shall Custours be liable for any special, direct, indirect or incidental damages or harm of any kind, whether in contract, negligence or other tortious action, arising out of or in connection with the use of the Service or the Service Content. The Company reserves the right to add, delete or modify the content of the Service at any time and without prior notice.
The Custours Service and its contents are provided “as is” and “as available” without warranty or representation of any kind, either express or implied. Custours is a distributor and not a publisher of content provided by third parties; as such, Custours exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or timeliness of any information, content, services or goods provided or accessible through the Custours Service. Without limiting the foregoing, Custours expressly disclaims all warranties and representations with regard to Content transmitted through or in connection with the Custours Service or on any websites that appear as links on the Custours Service, or with regard to any products provided as part of or otherwise in connection with the Custours Service, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement. No oral advice or written information given by Custours or any of its affiliates, employees, officers, directors, agents or the like shall create any warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Custours does not warrant that the Custours Service will be uninterrupted, uninterrupted, timely or error-free.
Contact:
Do not hesitate to contact us if you have any questions.
- Via email: info@custours.com