Terms And Privacy Policy

1. Introduction
   This document, along with the referenced documents, outlines the terms and conditions that apply when you use the Tour application or website and the related services. The website https://tourapp.tech/ is operated by Modern Advanced Solutions Company, which is registered with the Ministry of Commerce and Industry in Kuwait under registration number 440771. Please read these documents carefully before using the service to access or purchase products and services. By using this service, you confirm your acceptance of these terms and conditions.

 

2. About the Service
   The Tour website is designed to be a comprehensive online platform for restaurants. Tour serves as an online marketplace aimed at facilitating the discovery of restaurants through modern technology and may provide the ability to book from various stores online. Tour does not sell, produce, or prepare any food items provided by the stores but allows users to search for local participating stores and make reservations. These stores bear sole responsibility for complying with applicable laws, regulations, and standards in the country, including those related to the preparation, sale, marketing, and safety of food.
   It is important for users to understand that Tour does not review or guarantee the quality of the products offered by the stores, their ingredients, or the stores’ compliance with applicable food preparation laws and regulations, as this responsibility lies entirely with the stores. Buyers should review the information provided by the stores on the website or request further details from the stores directly regarding the quality of food and compliance with laws.
   Tour does not guarantee in any way the quality of foods or their compliance with applicable regulations, nor does it guarantee that the items listed on the menu match what is actually served to users. Some stores may provide guarantees that foods are prepared according to specific standards, such as organic foods or those free from certain ingredients like gluten or lactose, but Tour does not independently verify or confirm the accuracy of these guarantees.
   Tour will not be liable for any food or services provided by stores that may be unhealthy, cause harm, or do not meet buyers’ expectations. Buyers are solely responsible for ensuring the accuracy of information details, and Tour shall not be responsible for any incorrect data. All booking preparations and executions are the responsibility of the store accepting the order. While stores strive to meet booking times, circumstances beyond their control may affect their adherence to these times, and this cannot be guaranteed. Users will be informed of any unexpected delays as soon as they are known.

 

3. User Responsibilities
   When using Tour services, the member acknowledges and agrees to the following:

• All information provided in the registration form is accurate and required, and the user is responsible for any losses resulting from providing inaccurate or insufficient information (such as forgetting a password). In such cases, membership may be canceled.
• The user assumes full responsibility for all ideas, opinions, and data shared during their use of Tour services, as well as for any files uploaded or personal information sent. Tour is not liable for these files or for unauthorized access to any of its services or for any alteration of software in any way. The user shall indemnify Tour for any material or moral losses resulting from non-compliance with the aforementioned provisions.
• Tour is not responsible for any damages arising from the reading of user data by unauthorized parties.
• The user must refrain from sending any threatening, immoral, racist messages, or those contrary to local laws or international agreements. All communications and pseudonyms used must comply with laws, public ethics, and good conduct.
• user should not harass or threaten other users or Tour customer service staff and must not act in ways that disrupt others’ use of services, nor send, publish, or distribute any immoral materials or information that may cause harm to any party.
• user must not use Tour services for commercial or advertising purposes without Tour’s consent. Tour may monitor its systems at any time and use them for commercial purposes.
• user should refrain from sending any emails containing legally prohibited content or distributing malware or unauthorized chain messages. The user is responsible for all activities conducted using their account.
• user must not use a third-party account to access the platform or related services without explicit consent and must not engage in illegal activities or interfere with other users’ systems or upload malware.
• user must obtain permission from their guardians and be supervised when using the platform or application.
• In the event that any payment services are applied via the platform, payment cards used must belong to the customer, and if used in another person’s name, legal consent must be obtained.

 

4. Intellectual Property and Content Support
   Tour reserves the right to support and delete some or all files and messages submitted by users while using the services at its discretion. Tour is not responsible for the outcomes of these support or deletion operations. Tour owns the intellectual property and copyright rights related to the information, documents, software, designs, and graphics it produces or purchases from abroad.

 

5. Service Warranty
   Tour does not guarantee that its services will be available at the specified time or that they will be free from errors or completely secure. Tour does not guarantee that the results obtained from using the services will be accurate or reliable, or that the quality of the services will meet expectations, as Tour’s role is limited to managing and organizing reservations and notifying the relevant parties thereof.

 

6. Errors in Information
   The responsibility for correcting information related to prices or product details lies with the parties contracted with Tour. In the case of an error in this information, Tour has the right to correct the mistake, including canceling the reservation if necessary.

 

7. External Links
   Tour may refer the user to other online platforms, and in these cases, the user agrees that Tour is not responsible for the content of the platforms that may be accessed.

 

 

8. Changes to the Agreement and Services
   Tour may modify these terms and add new clauses to meet technical requirements or future legislation. Tour may convert some services into membership-required services or offer additional services, or convert some free services into paid ones if payment services are implemented in the future.

 

9. Updates and Maintenance
   The Tour platform may occasionally be unavailable for maintenance and updates. Although efforts will be made to inform customers in advance of any service interruptions, this is not guaranteed, and Tour reserves the right to modify or withdraw any service at any time.

 

 

10. Review Service and Comments Submission

 

1. Approval of Comments: Comments submitted by users are accepted under the following conditions:
   • Direct Relationship: The commenter must have actually experienced the service through the relevant establishment.
2. Content Acceptable for Commenting: Tour is not obligated to accept all comments submitted by users. Comments may be rejected for reasons including:
   • Comments containing offensive, abusive, pornographic, racist language, or incitement to hatred.
   • Comments that do not relate to the evaluation of the establishment.
   • Comments that include discrimination based on religion, race, gender, age, marital status, or physical or mental disability.
   • Any content that contradicts community traditions or adopts illegal trends.
   • Conflict of Interest: Competing establishments are not allowed to submit negative comments. Violations may lead to the permanent removal of these establishments from the Tour platform.
   • Claims related to violations of health laws.
   • Comments that reflect outdated or inaccurate information.
3. Disclaimer: Commenters do not express the opinions of the Tour platform or the owning company or any of its affiliates. Tour is not responsible for any liabilities or claims or losses arising from published comments or content on the platform.
4. Ownership of Comments: Comments published on the platform are the exclusive property of Tour permanently. Tour has the right to reproduce, modify, translate, transfer, and/or distribute all materials related to the comments. Tour is not obliged to pay the commentators or any third party for their comments.

 

 

11. Termination of the Agreement
    Tour reserves the right to terminate this agreement unilaterally at any time.

 

 

12. Governing Law and Jurisdiction
    The platform’s terms are subject to interpretation according to applicable laws, and any disputes arising in connection with them (including non-contractual disputes) are subject to the exclusive jurisdiction of competent courts.

 

 

13. Enforcement
    If any part of the terms of use is deemed illegal or unenforceable for any reason, that part is considered separable without affecting the validity or enforceability of the other provisions. No waiver by Tour shall be interpreted as a waiver of any prior or subsequent breach of any provision.

 

 

14. Legal Liabilities
    Indemnity: You agree to indemnify and hold harmless Tour and its parent company, subsidiaries, affiliates, agents, officers, and employees from any claims, demands, or damages, including attorney fees, made by any third party arising from your use of the platform or your contributions, or any alleged violation of intellectual property rights or other rights related to the platform, or your violation of the terms of use or any other acts or omissions related to the platform.

 

 

15. Links to Other Sites
    The Tour platform may provide links to other sites as an additional service. Some of these sites may be affiliated with Tour while others may not be. Tour is not responsible for the content of any site on the web created or managed by independent entities. Visiting these external sites is at your own risk, as Tour has no control over these pages and does not guarantee the accuracy, completeness, or timeliness of the information contained therein. Your use of this information is voluntary and after independent review. References to products or services on these sites do not imply endorsement by Tour. By using the platform, you acknowledge that Tour is not responsible for the availability of external sites or their content.

 

 

16. Disclaimer
    To the extent permitted by law, Tour provides the content and services on an “as is” and “as available” basis, without making any express or implied representations or warranties regarding the content or availability of the platform or that it is error-free, or guarantees the correction of defects, or that the server is free from viruses or harmful components. Under this clause, Tour or its agents, employees, or contractors shall not be liable for any direct or indirect losses or damages, including losses resulting from the loss of business or profits. Nothing in these terms excludes or limits liability for death or personal injury resulting from negligence by Tour or its employees.

 

17. Account Creation
    Before you apply an action through the Tour application, you must create an account. When opening the account, you will need to choose a password or another secure login method, and it may also require providing credit card information. You must keep your password or other login method confidential, preventing others from accessing your email or mobile phone, as you will be responsible for any changes made through your account. If someone else uses your login details, you will be responsible, and we will not be liable for any losses that may arise from this, unless it is due to your failure to keep your login information confidential.
    You can close your account at any time by contacting us through the available contact methods on the platform. We may suspend or permanently close your account if we see that it has been used by someone else. We may also close your account if we see that you are misusing our services, such as applying for refunds without justification, submitting unreasonable complaints, or any inappropriate conduct towards our employees, or for other legitimate reasons.

 

 

18. Reservations
    When using the Tour application to make a reservation, you should be aware that the reservation process requires the approval of the partner restaurant to ensure that service expectations are adequately met. In some cases, your reservation may be canceled, either at the request of the partner restaurant or by the platform. This is done to ensure the service is delivered at the required quality and to achieve customer satisfaction.
    If your reservation is canceled, you will receive a notification, and we recommend that you contact us if you have any questions or need to reschedule the reservation. We strive to provide a seamless and reliable booking experience for our customers.
    Please note that if you have any special requests or inquiries about the reservation, do not hesitate to contact us through the available communication channels on the platform.

 

19. Prices and Offers

Prices may change rapidly, which means that booking prices and fees may be altered while browsing the platform. Prices can change at any time based on the decisions of partner restaurants. Confirmed bookings are not affected by any price changes unless there is a clear error in the pricing. Additionally, any price changes will not affect any bookings in preparation in your account, provided that you complete the booking process. If the booking process is not completed, the reservation will be automatically removed, at which point the price change will take effect. If there is a clear error in the pricing, we will inform you as soon as possible and give you the option to confirm the booking at its original price or cancel the booking without charge. The total price of the booking may appear on the confirmation page of the platform. You can pay for all products and services on the platform using the available payment methods, and if payment services are available, we will obtain permission to charge the amount related to the booking. Payments are made directly to Tour on behalf of partner restaurants. Partner restaurants sometimes offer special promotions available through the platform. These offers will be clearly displayed when viewing the menu of partner restaurants. Unless the terms of the offer specify a particular or fixed period for the validity of the offer, the offer can be withdrawn at any time, except in the case of an order made based on the offer and for which we have sent a confirmation notice for the reservation.

 

20. Other Conditions

If we or you have any right to enforce these terms against each other, that right will not be waived even if the person holding it delays or waives enforcement in any particular case. If a court or any other authority determines that any part of these terms is illegal or unenforceable, the remaining parts of the ruling will not be affected and will remain in full force and effect. We may change these terms from time to time. If we make any changes that affect your rights concerning the services, we will inform you.

These terms are governed by Kuwaiti law, and you may refer any legal claims relating to the service to the Kuwaiti courts.

 

21. Acceptable Use

You may use our site and service only for lawful purposes. You may not use our site or service in any way that violates any applicable local, national, or international law or regulation, or send, receive, upload, download, use, or reuse any material that does not comply with our content standards.

 

22. Content Standards

These content standards apply to any material you contribute to our service, contributions, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to every part of any contributions as well as the whole. Contributions must be accurate (where they state facts), genuinely held (where they state opinions), and comply with applicable law in Kuwait and in any country from which they are published. Contributions must not:

• Contain any defamatory material against any person, or obscene, offensive, hateful, or inflammatory material, or promote sexually explicit material, or promote violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Violate any copyright, database right, or trademark of any other person;
• Be likely to deceive any person or be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality, or promote any illegal activity;
• Be threatening, abusive, or invade another’s privacy, or cause annoyance or unnecessary anxiety, or be likely to harass, upset, or embarrass any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person, or to give the impression that they emanate from us, if that is not the case; or
• Advocate, promote, or assist any unlawful act such as (including but not limited to) copyright infringement or computer misuse.

 

 

23. Suspension and Termination

Non-compliance with the terms of use constitutes a material breach, which may result in any of the following actions:

• Immediate, temporary, or permanent cancellation of your right to use our site and/or service
• Immediate, temporary, or permanent removal of any content or material you have uploaded to our site and/or service
• Issuing a warning to you
• Taking legal action against you, including recovering all costs (such as reasonable administrative and legal costs) resulting from the breach
• Disclosing necessary information to law enforcement authorities as required.

There are no limits to the actions available, and we may take any other action we consider reasonably appropriate.

 

 

24. Intellectual Property Rights

We own or are licensed to all intellectual property rights relating to our site and service, including the content published on it (except for your contributions). These works are protected by international copyright laws and treaties. All rights are reserved. You may not copy, reproduce, publish, broadcast, upload, or use any content for non-personal and non-commercial purposes.

 

25. Reliance on Published Information

Comments and other materials published on our site and/or service are not intended to provide reliable advice. Therefore, we disclaim any liability related to any reliance placed on such materials by any visitor to our site and/or service, or by anyone informed of any of its contents.

 

26. Updating the Site and Services

We strive to update our site and service periodically and may change the content at any time. If necessary, we may suspend access to our site or close it temporarily. Any materials on our site or service may become outdated at any time, and we are under no obligation to update them.

 

27. Our Liability

We have made every effort to prepare our site and service. However, we do not accept liability for any errors or omissions in relation to this content or for any technical issues you may encounter. If errors are reported, we will try to correct them as soon as possible. To the extent permitted by law, we exclude all liabilities (including those arising from contract or negligence) for any loss or damage that may be incurred by any person as a result of using our site and services or any linked sites. This does not affect our liability for death or personal injury arising from negligence, or for misrepresenting a fundamental subject matter, or any other liability that cannot be excluded or limited under applicable law.

 

 

28. Uploading Materials to the Site
    Any materials you upload to the site and/or our services or any data we collect as described above are considered non-confidential and non-proprietary. You agree that we have the right to use, copy, distribute, sell, and disclose any material or data for purposes related to our business. If these materials are protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, sell, and disclose any material or data for purposes related to our business.

 

 

29. Links from Our Site
    When our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

 

30. Jurisdiction and Governing Law
    Kuwaiti courts shall have jurisdiction to settle any disputes arising from your visit to our site or the use of our services. These terms of use and any disputes or claims arising from them or related to them shall be governed by the law of Kuwait and interpreted accordingly.

 

 

31. Amendments
    We may review these terms of use at any time by amending this page. You are expected to check this page regularly to take notice of any changes we may make, as these changes will be binding on you.

 

 

Privacy Policy

 

We are committed to protecting the privacy of our visitors and clients, and we strive to collect information in a secure and transparent manner. In this policy, we explain how we collect personal information and how we use it to enhance our services and customer experience.

 

1. User Rights
   Under data protection law, you may have several rights regarding the data we hold.
   • You have the right to know how we use your information, and we provide you with details of this through our privacy policy.
   • You can access your information to verify that its use complies with applicable laws. If you wish to review your information, please contact us.
   • You have the right to correct any inaccurate or incomplete information we hold. You can request a correction by contacting us.
   • If you wish to delete certain information we hold, you may also request this.
   • If we have your consent to process your data, you have the right to withdraw this consent at any time by contacting us.
2. Retention of Your Information
   We are committed to not retaining your information for a period longer than what we consider necessary. We will continue to hold the data we collect as long as required and in accordance with applicable legal and regulatory requirements. This includes our retention of information for the purpose of reporting to regulatory authorities.
   When determining retention periods for information, we consider a range of factors. First, we take into account contractual obligations and rights concerning the information in question. Second, we comply with legal requirements imposed by applicable laws regarding data retention for specific periods. We also consider the limitation period according to applicable legislation, as well as our legitimate interests which we assess. Additionally, any potential or ongoing disputes, as well as guidance issued by relevant data protection authorities, are taken into consideration. Ultimately, when your information is no longer needed, we securely delete it.
3. Cookies
   You can adjust your browser settings to refuse all or some cookies, or to receive notifications when websites use cookies or attempt to access them. Please note that if you disable or refuse cookies, you may not be able to access certain parts of the sites or they may not function as intended.
4. Marketing
   If you have given your consent, or if there is a legitimate reason for contacting you that allows us to do so under the law, we will use your information to inform you about our other products and services that may be of interest to you. In this context, we may contact you via email or phone.
5. Methods of Information Collection
   We collect personal information to understand how visitors interact with our sites, which helps us develop and improve the level of security and services provided. This information is collected when you use our sites or contact us, for example, when making requests or modifying your account settings. Methods of information collection include the following:
   When creating a new account or updating your account settings.
   • During the ordering process, including payment stages if applicable.
   • When you contact us via email, phone, or chat services.
   • While browsing our sites.
   We also collect information from external sites such as advertising platforms and providers of fraud and hacking prevention services.
6. Types of Information Collected
   We always strive to provide transparency to our clients regarding the information we collect. When you visit our sites or place orders, you may be asked to provide certain personal information, which may include:
   Name and contact details.
   • Booking address and order details, along with payment information such as credit or debit card details.
   • Information about your use of the sites, including any interactions or feedback you may provide.
   • If you contact us by phone, we may record calls for training and service improvement purposes.

We also collect technical information from the devices that connect to our sites, such as device type, operating system, and IP address. Additionally, we collect information related to your use of services via mobile devices, such as location data and information about the networks used. If you do not choose to anonymize your identity through device settings, we may automatically collect this information when you use our app or site through your device’s browser.
Furthermore, we only handle health-related information with your explicit consent, such as indicating any food allergies you may have.

7. Sharing and Transferring Your Information with Third Parties
   We handle the sharing of your information with third parties in a precise and transparent manner. Initially, your information is shared internally with the affiliated companies of the Tor platform, whether within Kuwait or outside it.

Moreover, your information is shared with other service providers, such as payment service providers, who assist us in processing financial information such as credit card payments. We also work with IT providers who contribute to processing and storing data and issuing electronic invoices. Our restaurant partners are also engaged in fulfilling your requests and informing them of food allergies when necessary. This also applies to the employees involved in providing the service. Additionally, customer service partners provide the necessary support to resolve any issues you may encounter while using our services. Furthermore, we collaborate with marketing partners to ensure that appropriate advertisements are delivered to you.

Tor takes all necessary measures to ensure the protection of your data when shared with third parties and to process it securely. If there is any change in the ownership of our business or mergers occur, your information may be transferred to new entities or business partners.

Your information may also be shared in certain circumstances, such as legal obligations that require us to disclose information to ensure compliance with relevant regulations. This includes collaboration with other companies to combat fraud and ensure the protection of Tor and our partners’ rights.

8. Security Measures
   We implement effective technologies and policies to protect the information we hold about you.
   • We take measures to protect your data from unauthorized access and unlawful processing, as well as from loss, damage, or destruction.
   • You are responsible for keeping your password confidential if you choose one to access certain parts of the sites. It is advised not to share your password with anyone.
   • Although we strive to protect your information, transmitting data over the internet carries certain risks, and we cannot guarantee the security of data sent to the sites. Therefore, sending information to you is at your own risk.
   • Upon receiving your information, we take stringent security measures to protect your data from any unauthorized access.
9. Updates to the Privacy Policy
   Any changes to our privacy policy will be published on the platform.