TERMS OF USE
Last Updated 06th April 2024
Welcome to TourCMR, Cameroon’s Travel Guide App. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our mobile app located at Google Play store and Apple Appstore (together or individually “Service”) operated by TourCMR.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our mobile App.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at contact@tourcmr.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Terms of Use are provided in a layered format so you can click through to the specific areas set out below.
- 1. Definitions
- 2. Access to the Services
- 3. Accounts and Password
- 4. Prohibited Activities
- 5. Viruses, Hacking and Other Offences
- 6. Intellectual Property Rights and License
- 7. License Grant by Users
- 8. Availability of Content
- 9. Reliance on Information
- 10. Links to Other Web Sites
- 11. User Generated Content
- 12. Indemnity
- 13. Limitation of Liability
- 14. Privacy Statement
- 15. Linking to or interacting with the Services
- 16. Links from the Services
- 17. Amendments to these Terms of Use and Additional Rules
- 18. Entire Agreement and Severability
- 19. No Waiver
- 20. Assignment
- 21. Jurisdiction and Applicable Law
- 22. Questions, Comments and Concerns
1. Definitions
Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “TourCMR” refer to TourCMR LLC, a Delaware limited liability company located in Cameroon (“TourCMR”). “Services” as defined above refers to those provided by TourCMR.
The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”
The Services are made available for information purposes only. Users should read these Terms of Use carefully and fully before using the Services. Use of the Services is deemed acceptance of these Terms of Use; Users who do not accept these Terms of Use should refrain from using the Services. If a User has, in TourCMR’s sole opinion, breached any of the provisions of these Terms of Use, TourCMR reserves the right to terminate that User’s entitlement to use the Services for any and all purposes.
Terms of Use are provided in a layered format so you can click through to the specific areas set out below.
The Services are provided solely to:
Assist customers in gathering travel information, posting Content, and searching for Touristic sites and nearby hotel and restaurants; and
Assist travel, tourism, and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through the TourCMR.
We may change or otherwise, modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.
2. Access to the Services
As a condition of your use of the Services, you warrant that
- All information supplied by via the Services to TourCMR is true, accurate, current and complete.
- If you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
- You are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our platform.
- You possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein.
TourCMR does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the TourCMR. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of TourCMR. To request permission, please direct your request to the TourCMR team:
3. Accounts and Password
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. TourCMR may require you to log in either using Google Sign In or your Facebook login information to use (parts of) the Services which we will collect your name, email address, Profile Picture to create a User account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
You will not use as a username a name of another person with the intent to impersonate that person. All User identification details, passwords and other pieces of information provided as part of our security procedures must be treated as confidential and should not be disclosed to any third party. You will be solely responsible to TourCMR for any activities that occur under your User account and we are not responsible for any problems with Your User account due to misuse of your identification details and/or passwords. If You become aware of or suspect any breach of the security of any portion of the Services, you agree to notify us immediately at contact@tourcmr.com. You will not use another person’s User account or identification details to use the Services without permission.
We have the right to disable any User account or password, at any time, if in our sole and absolute opinion the User has failed to comply with any of the provisions of these Terms of Use. By using the Services through Facebook or Google, you permit us to access information from your Facebook profile in accordance with our privacy policy. You may control the amount of information that we can access by adjusting your Facebook privacy settings. By using the Services, you are authorizing us to collect, store, retain, and use all information to you permitted Facebook to provide to us in accordance with our privacy policy.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third-party sites and apps. Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that TourCMR may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
4. Prohibited Activities
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
5. Viruses, Hacking and Other Offences
Users must not:
- misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful;
- gain, or attempt to gain, unauthorized access to any part of the Services, any servers through which the Services are provided, or any server, computer or database connected to the Services; or
- attack the Services via a denial-of-service attack or a distributed denial-of service attack or other malicious misuse of the Services.
A breach of this provision may constitute a criminal offence under the Computer Misuse Act 1990 and other applicable laws. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the identity of any User suspected to have been involved in such activities, in accordance with the Privacy Policy.
Subject to the section below entitled “Limitation of Liability”, We will not be liable for any loss or damage caused by any form of denial-of-service attack, virus, worm, Trojan, logic bomb or other technologically harmful material that may infect any User’s computer equipment, computer programs, data or other proprietary material due to use of the Services, or downloading of any Materials posted on the Services, or on any website or other Materials provided through the Services.
6. Intellectual Property Rights and License
The TourCMR and the ‘The TourCMR’ logo, and the names, logos, taglines and other marks identifying any TourCMR, and all rights therein, are the property of TourCMR. Any other trade marks or service marks displayed on the Services are the property of their respective owners. These Terms of Use do not grant Users the right to use any Trade Mark, or any service mark or logo appearing on the Services for any purpose whatsoever.
All Content and all Trade Marks (together, the “Materials”) are, or may be, protected by law. TourCMR is the owner or the licensee of all intellectual property rights in the Materials. All rights in the Materials are reserved. Except as expressly set out in these Terms of Use, Users are granted no rights in the Services or any of the Materials.
Subject to these Terms of Use, each User may, for his or her personal, non-commercial use only, view, download and print one copy of any page(s) or sections from the Services for personal reference and may draw the attention of others within his or her respective organization to any Materials posted on, or made available through, the Services. This permission is granted subject to the proviso that the User shall: (i) make no amendments, changes or additions to any of the Materials; (ii) keep all copyright notices and other proprietary notices intact and together with the Materials to which they relate; (iii) not use the Materials in a manner that suggests any association with any other persons, products, brands or services other than TourCMR; and (iv) not download the Materials to any database or other system that can be used to avoid future downloads via the Services. Except as set out in these Terms of Use, none of the Materials may be copied, reproduced, republished, transferred, downloaded, modified, transmitted, displayed, sold, distributed or licensed, by any means or otherwise exploited in any manner including, but not limited to, electronic, photocopying, mechanical, recording or otherwise, without the prior express written permission of TourCMR.
7. License Grant by Users
Unless otherwise agreed in writing, any User who uploads, transmits, posts or otherwise makes available any Content via the Services thereby: (i) warrants that he or she has complied with all requirements of these Terms of Use, (ii) grants TourCMR a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and exploit such Content in any form or format, and for any purposes, including without limitation third party websites and after termination of your User account, and (iii) unconditionally waives all moral rights in respect of such Content. For clarity, the license granted to us (i) includes our right to use such Content for commercial purposes such as, without limitation, advertising campaigns or sponsored Content and you shall not be entitled to any remuneration for such use, (ii) applies to your name and picture, to the extent that such Content includes your name or picture, and (iii) also applies to any Content made available by Users when using the #tourcmr hashtag or other TourCMR-specific hashtags on Instagram, Twitter or on any other platform or in the context of any other social media campaign calling for image submissions.
For clarity, the foregoing licences do not affect your other ownership or license rights in Content provided by you; you retain all copyright.
If we are notified in writing of any actual or alleged infringement of the intellectual property rights of any User, or any third party, we will make corrections or remove the alleged infringing material if requested, to the extent necessary to comply with applicable law. To notify us of any accidental breach of copyright, contact us at contact@tourcmr.com.
8. Availability of Content
TourCMR does not guarantee that any Materials will be made available, and reserves the right to, but does not have the obligation to: (i) remove, edit, modify or otherwise manipulate any Materials in its sole discretion, at any time, without notice to the Users and for any or for no reason and (ii) remove, or block any Materials from the Services.
9. Reliance on Information
Opinions and Materials provided on the Services should not be treated as, and are not intended to be, advice or recommendations on which reliance should be placed. The opinions and Materials on the Services are not intended to be, and do not constitute, a communication, invitation or inducement to engage in any investment activity, or to otherwise deal in the shares of TourCMR, or any other company. Anyone contemplating any investment activity should not rely on any opinions or Materials made available via the Services. Subject to the section below entitled “TourCMR”, we disclaim all liability and responsibility arising from any reliance placed on such opinions and Materials, to the extent permitted by applicable law.
Although we make reasonable efforts to update the Materials provided via the Services, we make no representations, warranties or guarantees, whether express or implied, that such Materials are correct, accurate, complete or up-to-date. TourCMR bears no responsibility for the accuracy of such Materials, and undertakes no duty to update, amend or rectify publicly any forward-looking statements contained herein, in light of new information or future developments.
10. Links to Other Web Sites
We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if and when you click on, make a purchase via, or take any other relevant action via the affiliate links. TourCMR, LCC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
11. User Generated Content
UGC or User Generated Content is Content that you or other users upload, submit, post, distribute or make available to the Services. Your communications on the Services are not private or confidential and may be viewed by others accessing the Services. Our privacy policy applies to UGC. We reserve the right to, but have no duty to, review, edit, move or delete any UGC in our sole discretion and without notice. We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as UGC. Any information or material placed online by other Users is the view and responsibility of those Users and does not represent the view of TourCMR. You agree that, to the maximum extent permitted by law, TourCMR shas no responsibility or liability to you for UGC including any failure to or delay in removing UGC. If you have a complaint about any UGC, please contact us at contact@tourcmr.com.
12. Indemnity
Each User (the “Indemnifying Party”) agrees to indemnify, defend and hold harmless TourCMR, its subsidiaries, officers, employees, agents, service providers and contractors (collectively, “TourCMR Indemnitees”) from and against any and all claims, losses, expenses, demands or liabilities (including any attorneys’ fees and costs), incurred by TourCMR Indemnitees that may arise out of or relate to: (i) any claim by a third party relating to the posting, distribution, modification or alteration by the Indemnifying Party of any Content; or (ii) the Indemnifying Party’s use of the Services or Materials, in violation of these Terms of Use or in violation of any applicable law or otherwise.
The Indemnifying Party agrees to cooperate with all reasonable requests from TourCMR in connection with the defence of any such claims. TourCMR Indemnitees reserve the right, at their sole discretion and cost, to assume the exclusive defence and control of any proceedings that would otherwise be subject to indemnification by the Indemnifying Party, and the Indemnifying Party shall not in any event settle any such claim or matter without the express prior written consent of TourCMR.
13. Limitation of Liability
The Services, and any Materials, are each provided on an “as is” basis and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Any and all use that Users make of the Services, or any Materials, will be on the same “as is” basis, without any guarantees. TourCMR does not warrant that the Services, or any Materials, or any other websites or online resources that may be linked to through the Services, will be accurate, compatible with any particular standards or equipment, free of defects, errors or potentially harmful components, available at any particular time or location, secure, or fit for any particular purpose.
To the maximum extent permitted by law, TourCMR hereby expressly excludes any liability for any direct, indirect, consequential, incidental, special, punitive, compensatory loss or damage incurred by any User in connection with the Services or any Materials, or in connection with the use, inability to use, or results of the use of the Services, or any Materials, any websites linked thereto and any materials posted thereon, or made available thereby, including, without limitation, any liability for: loss of profits or contracts, loss of anticipated savings, loss of business, loss of income or revenue, loss of, or damage to, data, loss of goodwill, wasted management or office time, and/or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Users accessing the Services from outside Cameroons are responsible for ensuring that any use they may make of the Services is in compliance with all applicable laws and regulations. In the event that any use of the Services is contrary to any applicable laws or regulations outside the Cameroon, TourCMR expressly disclaims and excludes any and all liability howsoever arising and of whatsoever nature arising from or in connection with such laws or regulations.
Nothing in these Terms of Use excludes or limits TourCMR’s liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
14. Priacy Policy and Disclosures
Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. CLICK HERE TO VIEW OUR PRIVACY POLICY.
15. Linking to or interacting with the Services
Users may link to the Services, provided this is done in a fair and legal manner, and does not damage, diminish or take any unfair advantage of TourCMR’s reputation. The Services must not be ‘framed’ on or within any other website. Any service that links to or otherwise interacts with the Services must (i) not scrape the Materials from our pages, databases or feeds and reuse for its own or public use, and (ii) not imply that TourCMR is endorsing its products or services.
16. Links from the Services
Where the Services contain links to other websites and resources provided by third parties, these links are provided for information purposes only. TourCMR has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from any use of them. The inclusion on the Services of any links to third party websites or content is not an indication that TourCMR endorses or approves of those third-party sites or content. Subject to the section above entitled “Limitation of Liability”, we accept no liability of any kind for any information, products or services provided in or through any third-party websites or content.
The Services may include certain features, functionality and/or content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping and payment processing. These service providers may require that you agree to their additional terms and conditions and rules. Your compliance with any such additional terms and conditions and rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms of Use.
17. Amendments to these Terms of Use and Additional Rules
TourCMR reserves the right to revise, remove or modify these Terms of Use at any time and for any reason. The provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Services, as applicable. All such revisions, removals and modifications shall be binding upon all Users, from the date on which they are made, in relation to the use of the Services by those Users. Your continued use of the Service shall constitute on-going acceptance of these Terms of Use, as updated from time-to-time. Users should review these Terms of Use regularly, in order to familiarize themselves with any revisions that may have been made. TourCMR reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Services including without limitation competitions, prize draws and promotions. Your use of those parts of the Services constitutes your agreement to those additional terms and conditions.
18. Entire Agreement and Severability
These Terms of Use contain the entire understanding and agreement between TourCMR and the User, in relation to the User’s use of the Services. These Terms of Use supersede and replace any previous agreement, statement or other communication (whether written or otherwise) made by the User or TourCMR which is not contained herein.
Should any portion of these Terms of Use for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, that portion shall be deemed to be deleted without affecting the remaining portions.
19. No Waiver
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. Any waiver of compliance with these Terms of Use shall not be binding upon TourCMR, unless in writing and executed by an authorized representative by TourCMR.
20. Assignment
Any licences granted to you under these Terms of Use are personal to you and these licences and these Terms of Use are not transferable, assignable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights hereunder without consent.
21. Jurisdiction and Applicable Law
These Terms shall be governed and construed in accordance with the laws of Cameroon, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
22. Questions, Comments and Concerns
If you wish to make a formal complaint about any of the Materials or Services, or to raise any questions, comments or concerns about the Services, please contact us at contact@tourcmr.com
Contact Us
- + 237 670654462
- contact@tourcmr.com
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