Last updated: 10 August 2023
TOURISH is a travel retail services marketplace, that is available to product vendors, travellers and end-users via iOS and Android mobile apps (the “App”). TOURISH acts as intermediary to vendors who provide different sorts of services, products and related offers (all together the "TOURISH Services"). We also have an official website, i.e., www.tourish.market (the “Website”).
TOURISH (a product by swissynergizers GmbH) values its customers – travellers and vendors alike, and respects that privacy of their personal data is very important.
These Terms of Use should be read together with TOURISH Data Privacy. When you push the “I accept” button, you confirm that you have read the Privacy Policy and the Terms of Use carefully and that you accept their terms.
Please read these conditions carefully before using TOURISH Services. By using TOURISH Services, you signify your agreement to be bound by these conditions. We offer a wide range of TOURISH Services, and sometimes additional terms may apply. When you use an TOURISH Services, you will also be subject to the terms, guidelines and conditions applicable to that respective TOURISH Services (Service Terms). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any TOURISH Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other TOURISH Services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
As part of the TOURISH Services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.
All content included in or made available through any TOURISH Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of TOURISH / swissynergizers GmbH or its content suppliers and is protected by Swiss and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any TOURISH Services is the exclusive property of TOURISH / swissynergizers GmbH and is protected by Swiss and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any TOURISH Services without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any TOURISH Services, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any TOURISH Services (e.g. our prices and product listings) without our express written consent.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any TOURISH Services are trademarks or trade dress of TOURISH. TOURISH's trademarks and trade dress may not be used in connection with any product or service that is not TOURISH's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TOURISH. All other trademarks not owned by TOURISH that appear in any TOURISH Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TOURISH.
You may need your own TOURISH account to use certain TOURISH Services, and you may be required to be logged into the account and have a valid payment method associated with it.
If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account. You can manage payments and related information in our profile, where available.
If you use any TOURISH Services you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in your profile section of the app. Please see our Privacy Policy page to understand about the access to your personal information.
You must not use any TOURISH Services: (i) in any way that causes, or is likely to cause, any TOURISH Services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse any TOURISH Services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any TOURISH Services contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any TOURISH Services, please contact us via admin@tourish.market and we will respond.
If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant TOURISH (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.
You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access, where available.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted:
You agree to indemnify TOURISH for all claims brought by a third party against TOURISH arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. By deleting content from public view, you withdraw your license for TOURISH to publish and make available that content publicly.
TOURISH respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us: admin@tourish.market .
These Terms of Use apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with TOURISH Services (the TOURISH App).
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. TOURISH does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
TOURISH allows third party vendors to list and sell their TOURISH Services. While TOURISH as a marketplace helps facilitate transactions that are carried out on the TOURISH App, TOURISH is neither the buyer nor the seller of the vendor's items. TOURISH provides a service for vendors and buyers to review offers and create orders. Accordingly, the contract formed at the completion of a sale for these third-party TOURISH Services is solely between buyer and vendor. TOURISH is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the vendor's agent. The vendor is responsible for the sale of the TOURISH Services and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and vendor. Because TOURISH wants the buyer to have a safer buying experience, TOURISH provides a safe payment guarantee, as inbuilt and offered by the payment gateway provider in addition to any contractual or other rights.
We will do our utmost to ensure that availability of the TOURISH Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to TOURISH Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
TOURISH will not be responsible for (i) damages or losses arising from any transaction between you and a third party vendor, or (ii) the availability and accuracy of the content and/or TOURISH Services to be provided by the third party vendor, or (iii) losses that were not caused by any breach on our part, or (iv) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (v) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the TOURISH Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if TOURISH Services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct or alter your rights as a consumer that cannot be excluded under applicable law.
These conditions are governed by and construed in accordance with the laws of Switzerland (without its conflict of laws' provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the exclusive jurisdiction of the courts of Zug, Switzerland. Mandatory places of jurisdiction remain reserved.
If you would like to bring a matter to our attention, please send us an email to admin@tourish.market.
You agree that you will not import or transfer any products that you have purchased via the App into any country to which such import is restricted or prohibited by law. For example, customs, agricultural or other specific product regulations may prohibit you from bringing products into other countries, even for your own personal use. In addition, you agree that you will not purchase any product or service from the App if you are subject to restrictive measures (e.g. due to your age).
We reserve the right to make changes to any TOURISH Services, policies, terms and conditions including these Terms of Use at any time. You will be subject to the terms and conditions, policies and Terms of Use in force at the time that you use the TOURISH Services. If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
We do not sell products for purchase by children (legally defined in the region). We sell children's products for purchase by adults. If you are under the legal age, you may use the TOURISH Services only with the involvement of a parent or guardian.
This App is owned and maintained by swissynergizers GmbH.
swissynergizers GmbH
c/o RA Felix Kappeler
Dammstrasse 19
CH-6300 Zug
Switzerland
Business Licence Number: CHE-155.476.559
Switzerland VAT Registration Number: CHE-155.476.559_MWST
Because multiple TOURISH Services are listed and many customer reviews and comments are provided on TOURISH app, it is not possible for us to be aware of the contents of each TOURISH Services listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a TOURISH Services advertised for sale on, TOURISH app contains a defamatory statement, please notify TOURISH immediately via email to admin@tourish.market.
Important Warning: giving false, misleading or inaccurate information in the email on TOURISH app may result in civil and criminal liability.
These Conditions of Sale govern the sale of products by vendors via the App to you. We offer a wide range of TOURISH Services, and sometimes additional terms may apply. When you use an TOURISH Services (for example Your Profile, TOURISH applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that TOURISH Services ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order on TOURISH app. By placing an order on TOURISH app, you signify your agreement to be bound by these conditions.
Your order is an offer to TOURISH to buy the service(s) in your order. When you place an order to purchase a service from TOURISH, we will send you an e-mail confirming receipt of your order and containing the details of your order (the Order Confirmation E-mail). The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to purchase the service(s) ordered. We only accept your offer and conclude the contract of purchase for a service ordered by you, when we deliver the service to you and send e-mail confirmation to you that you have received the service (the Delivery Confirmation E-mail). Your contract is with respective vendors and never with swissynergizers GmbH. Without affecting your right of cancellation set out in section below, you can cancel your order for a service at no cost 48 hours before we send the consumption time / receipt time of that Service. This right to cancel may not apply to certain categories of products and services.
You consent to receive emails electronically. Your orders will be made available in your account / orders area of the App. For each delivery, we will inform you in our Delivery Confirmation E-mail.
Please note that we deliver TOURISH Services only in quantities which correspond to the typical needs of an average traveller. This applies both to the number of services ordered within a single order and the placing of several orders for the same service where the individual orders comprise a quantity typical for a normal traveller.
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) would receive the Services purchased or from the day of the conclusion of the contract.
You must inform us (via TOURISH app or via email to admin@tourish.market) of your decision to cancel your order. You may submit your request according to the instructions and using forms or appropriate button in the app. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired.
For additional information on the scope, content and instructions for the exercise, please contact our Customer Service via info@tourish.market.
We will either reimburse all payments received from you for the s TOURISH Services purchased or release Credit Card guarantee amount within 14 days from the date we received communication of cancellation. We will use the same form of payment to refund payment as you used for the initial purchase transaction. In any event, we will not charge any fees as a result of such cancellation. We may withhold reimbursement until we have received evidence (also via vendor) of having not delivered TOURISH Services.
The right of cancellation does not apply to:
All prices are inclusive of legally applicable VAT.
We list availability information for TOURISH Services sold by us on the website including on each service information page. Beyond what we say on that page we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any TOURISH Services you order turn out to be unavailable and you will not be charged for those TOURISH Services.
Unless expressly indicated otherwise, TOURISH is not the provider of the services sold on the app. While we work to ensure that TOURISH Services information on our app is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our app is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. TOURISH accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
By selling any product we do not intent to hurt any Customer’s religious belief. It is buyer’s discretion to buy the product / services and Tourish is in no way liable for such usage or restrictions.
For personal services such as Meet and Greet, please be aware of the laws of the country of service and limitations to the extent of service expected. TOURISH accepts no liability for service and products beyond their legal and mentioned information by these third parties.