Terms & Conditions

1.Your Agreement

i.This Website/APP (“this Website/APP”) is operated by eTour Holdings Limited, a Hong Kong incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using this Website/APP and the services offered by eTour Holdings Limited, its affiliated companies (together, “eTour”) or the third-party operators (the “Operator”) through this Website/APP (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website/APP and (2) persons for whom you make a purchase of the Services.

2.Change of Terms of Use

i. eTour’s Modifications

a. eTour reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If eTour changes or modifies this Terms of Use, eTour will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.

b.Your continued use of this Website/APP after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website/APP and/or the Services, it is your responsibility to regular check this Website/APP to ascertain if there are any changes to this Terms of Use and to review such changes.

c.In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by eTour from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.

3.Access and Use of the Services

i.Ownership of Content

a.This Website/APP, the domain name (https://eTour.pro), sub-domains, feature, contents and application services (including without limitation to any mobile application services) offered periodically by eTour in connection therewith are owned and operated by eTour.

ii.Provision and Accessibility of Services

a.Subject to this Terms of Use, eTour may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on this Website/APP. The Services that have been selected by you on this Website/APP are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of this Website/APP; any Services offered by eTour by itself or on behalf of the Operators on this Website/APP. eTour may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. eTour may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.

b. eTour does not guarantee that the Services will always be available or uninterrupted. eTour will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.

c.If you link to the Website/APP, eTour may revoke your rights to so link at any time, at eTour’s sole discretion. eTour reserves the right to require prior written consent before linking to this Website/APP.

4.Website/APP and Content

i.Use of the Content

a.All materials displayed or performed on this Website/APP including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website/APP and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.

b.If eTour agrees to grant you access to this Website/APP and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website/APP in accordance with this Terms and Use. eTour may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website/APP.

c.You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website/APP and the Content accessed through this Website/APP, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website/APP or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.

ii. eTour’s Liability for the Website/APP and Content

a. eTour cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website/APP. eTour cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website/APP is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

b.Under no circumstances will eTour be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website/APP.

5.Intellectual Property Rights

i.Intellectual Property

a.All intellectual property rights subsisting in respect of this Website/APP belong to eTour or have been licensed to eTour for use on this Website/APP. This Website/APP, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website/APP and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website/APP or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from eTour or from the copyright holder identified in such Contents copyright notice.

6.User Submissions

i.Uploading of Information

a.In the course of accessing this Website/APP or using the Services, you may provide information which may be used by eTour and/or the Operators in connection with the Services and which may be visible to other users of this Website/APP. You understand that by posting information or content on the Website/APP or otherwise providing content, materials or information to eTour and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to eTour and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website/APP and eTour’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize eTour to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of this Website/APP a non-exclusive license to access your User Submissions through this Website/APP, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website/APP and under this Terms of Use; (d) You acknowledge and agree that eTour retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to eTour does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through this Website/APP is the sole responsibility of you and that eTour will not be liable for any errors or omissions in any content.

7.Users Representations, Warranties and Undertakings

i.Use of this Website/APP and the Services

a.You represent, warrant and undertake to eTour that you will not provide any User Submissions or otherwise use this Website/APP or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without eTour’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of eTour; or (f) Contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

ii.Removal of User Submissions

a. eTour reserves the right to remove any User Submissions from this Website/APP at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if eTour is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.

iii.Responsibility for User Submissions

a.You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website/APP.

b.You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website/APP. You represent, warrant and undertake to eTour that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize eTour to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website/APP and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or eTour’s use of the User Submissions, or any portion thereof, on or through this Website/APP and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.

c.You are responsible for all of your activity in connection with using this Website/APP and/or the Services. You further represent, warrant and undertake to eTour that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website/APP and/or the Services; or (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website/APP; or (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (d) Run mail list, listserv, or any other form of auto-responder, or “spam” on this Website/APP, or any processes that run or are activated while you are not logged on to this Website/APP, or that otherwise interfere with the proper working of or place an unreasonable load on this Website/APP’s infrastructure; or (e) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website/APP; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website/APP.

d.You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website/APP and/or the Services.

8.Registration and Security

i.Opening of the eTour Account and in the course of using the Services, you may be required to open and maintain an account with eTour (“eTour Account”).

ii.Provision of Personal Information

a.As a condition to using some aspects of the Services, you may be required to register with eTour and select a password and user name (“eTour User ID”). If you are accessing the Services through a Third Party Website/APP or service, eTour may require that your eTour User ID be the same as your user name for such Third Party Website/APP or service.

b.You shall provide eTour with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your eTour Account.

c.You represent that you shall not: (a) Select or use as a eTour User ID a name of another person with the intent to impersonate that person; or (b) Use as a eTour User ID a name subject to any rights of a person other than you without appropriate authorization.

d. eTour reserves the right to refuse registration of or to cancel an eTour Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.

9.Privacy Policy

i.For eTour’s policy relating to its use of of your personal data, please review eTour’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

10.Indemnity

i. eTour’s Indemnification

a.You will indemnify and hold eTour, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website/APP, use of this Website/APP, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your eTour User ID.

ii. eTour’s Involvement

a. eTour may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of eTour without eTour’s prior written approval. eTour reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.

11.Disclaimers and Limitation of Liability

i.Parties’ Relationship

a. eTour has no special relationship with or fiduciary duty to you for accessing and using this Website/APP and the Content. You acknowledge that eTour has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website/APP; (b) What content you access via this Website/APP; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.

ii.Services and Comments

a.You acknowledge and agree that the Operators may offer the Services on this Website/APP, and that suggestions or recommendations may be given by the Operators or Users of this Website/APP. eTour makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website/APP.

iii.Exemption of Liability

a.In no event will eTour, this Website/APP, or any of eTour’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Website/APP; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Website/APP, tools or Services we provide related to the business we operate on this Website/APP by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.

b.These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.

c.This Website/APP, including all content, software, functions, materials and information made available on or accessed through this Website/APP, is provided on an “as is” basis. To the fullest extent permissible by applicable law, eTour makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website/APP or the materials, information and functions made accessible through this Website/APP, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website/APP, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.

d.You acknowledge and agree that any transmission to and from this Website/APP is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to eTour and by posting information on this Website/APP, including tours and/or activities, no confidential, fiduciary, contractual implied or other relationship is created between you and eTour other than pursuant to this Terms of Use.

e.You acknowledge and agree that you will not hold or seek to hold eTour responsible for the content provided by any Operator or third party and you further acknowledge and agree that eTour is not a party to any transaction in relation to the Services provided by any Operator or third party. eTour has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website/APP.

iv.Remedies

a.If you are dissatisfied with this Website/APP, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against eTour or another user of this Website/APP with respect to this Terms of Use or this Website/APP, your sole and exclusive remedy against eTour is to discontinue use of this Website/APP.

b.In any event, to the fullest extent permissible by the applicable law, eTour’s liability, and the liability of any member of eTour, to you or any third party in any circumstance arising out of or in connection with this Website/APP is limited to the greater of: (a) The amount of fees you paid to eTour in the twelve months prior to the action giving rise to liability; or (b) US Dollars 100.00 in the aggregate for all claims.

12.Interaction with Third Parties

i.Links to Third Party Website/APPs

a.This Website/APP may contain links to third party Website/APPs or services (“Third Party Website/APPs”) that are not owned or controlled by eTour, or the Services may be accessible by logging in through a Third Party Website/APP. Links to Third Party Website/APPs do not constitute an endorsement or recommendation by eTour of such Third Party Website/APPs or the information, products, advertising or other materials available on those Third Party Website/APPs.

b.When you access Third Party Website/APPs, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Website/APPs relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.

c. eTour has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Website/APPs. In addition, eTour will not and cannot monitor, verify, censor or edit the content of any Third Party Website/APP. By using the Services, you expressly relieve and hold eTour harmless from any and all liability arising from your use of any Third Party Website/APP.

d.Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

e.You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

ii. eTour’s Responsibility

a.You agree that eTour shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that eTour is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release eTour, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

13.Payment

i.In order to ensure adequate operational support for customers in respect of refunds and cancellations (where applicable), the following eTour entities shall be responsible for transactions conducted in the following currencies:

a.in respect of transactions in USD, eTour Holdings Limited;

b.in respect of transactions in MOP, eTour Macau Companhia Limitada;

c.in respect of transactions conducted in all other currencies, eTour Holdings Limited.

14.Termination

i.Termination by eTour

a.This Terms of Use shall remain in full force and effect while you use this Website/APP or the Services. eTour may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. eTour may also terminate or suspend any and all Services and access to this Website/APP immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.

ii.Effects of Termination

a.Upon termination of your eTour Account, your right to use the Services, access this Website/APP, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

b.If this Terms of Use is terminated as a result of your breach, eTour reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.

15.Passports, Visas & Insurances

i.Your Responsibilities

a.It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.

b.As visa and health requirements are subject to changes without notice, eTour recommends that you verify health and visa requirements with the appropriate consulate prior to departure.

c. eTour strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.

16.Governing Law

i.This Terms of Use shall be governed by the laws of Macau Special Administrative Region of the Peoples Republic of China. You agree to submit to the non-exclusive jurisdiction of the court in Macau.

17.Miscellaneous

i. Severability

a.If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.

ii.Assignment

a.The Terms of Use is not assignable, transferable or sub-licensable by you except with eTour’s prior written consent. eTour may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.

iii.The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.

18.Contact

i.Please contact eTour at [email protected] for reporting any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Services.

(Updated on 23 December 2019)

Total Visitors: 555