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Totoura for Agents Mobile App Distribution System and Website Terms and Conditions of Use

This document contains the terms and conditions (hereinafter the "Agreement") that govern the use of the Totoura for Agents digital system and website (hereinafter "TFA") by travel agencies and agents, (hereinafter "TFA Users") registered in the program for the purpose of distributing certain mobile apps (hereafter the "Apps") developed and owned by Mobile Ventures Limited (hereinafter "Mobile Ventures") doing business as "Totoura for Agents How much more can YOU earn", a Barbadian corporation of The Accountants Centre, suite 700, River Road, St. Michael, Barbados, to the TFA Users' clients (hereinafter the "Tourists" or "Tourist"), to facilitate purchases of Qualifying Purchases (as hereinafter defined) by Tourists by using the Apps. Qualifying Purchases is defined as purchases of goods or services, including by way of description, tours, transacted via the Apps, whether through the Apps call center or chat system or directly online using the booking system on the App's website or the TFA booking system. This Agreement further governs the methods by which commissions on Qualifying Purchases are earned and paid to TFA Users. TFA Users may use the TFA system only on the condition that they agree to abide by the terms of this Agreement.

TFA Users understand and agree that Mobile Ventures, at its own and sole discretion, expressly reserves the right to temporarily appoint and substitute certain destination management companies (hereafter the "DMC" or "DMCs") which will typically receive a limited license from Mobile Ventures to promote and/or use the App and/or to commercialize the excursions together with other merchandise or services presented through the App. Furthermore, DMCs shall be responsible of paying commissions to TFA Users for as long as Mobile Ventures appointment of DMC stays in force. As of [01/01/2015] the following DMCs have been appointed by Mobile Ventures:


Puerto Vallarta/Riviera Nayarit; Cancun/Riviera Maya; Dominican Republic (La Romana, Samana, Santo Domingo, Puerto Plata & Punta Cana).

Appointed DMC

Sun Excursions Caribbean, Inc. a Barbadian corporation with following address: First Floor, Building 2, Chelston Park, Culloden Road, St.Michael Barbados BB11155.

TO ALL TRAVEL AGENCIES AND AGENTS: BY REGISTERING AND USING THE TFA SYSTEM, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS AGREEMENT AS WELL TO ITS FUTURE MODIFICATIONS. Please ensure you read carefully, understand and agree to the terms and conditions prior to the use of the system and distribution of the Apps to Tourists for use in making Qualifying purchases. If You do not agree to the terms of this Agreement, do not register or use the TFA system nor distribute the Apps to your clients.

TFA reserves the right, at any time, to modify the content, terms and conditions of this Agreement and/or the information that is provided on the "TFA" site www.totoura.com/agents (hereinafter the "Site"). TFA agrees to post a current copy of this Agreement, as amended, if amended, on the Site. The TFA Users registered under this Agreement shall be responsible for accessing the Site and reviewing the current terms of this Agreement from time to time to see if modifications have taken place.

Registration in the Program

The "TFA Users" hereby declare and warrant that if they are registering individually, they are an actively employed travel agent or if they are registering an entity, they are the manager, owner, officer, director or authorized legal representative (the legal representative of the agency hereinafter "Authorized Agency ConTFAt") of the entity they are registering. Verification and accuracy of information provided by TFA Users in the registration process may be subject from time to time to re-validation prior to the payment of commissions.

CONFIDENTIALITY: Any information collected from TFA Users about their agencies and agents will be kept strictly confidential and used only for the purposes of this Agreement and to operate the TFA program effectively.

Registered "AC Users" shall gain a non-exclusive, limited, non-transferable, royalty-free, non-perpetual right to access and participate in the "TFA" program in order to make qualifying reservations and sales to Tourists and/or permit Tourists to procure Qualifying Purchases of excursions and other merchandise of services available in the tourist destinations presented by the website or App from time to time. All rights not expressly granted to the TFA Users are reserved by TFA. This Agreement does not allow TFA Users to use the TFA program in a way not expressly permitted and described herein. TFA Users may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the TFA program, any updates, or any part thereof (except as, and only to the extent, any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of TFA. The terms of this Agreement will govern any upgrades provided by TFA that replace and/or supplement the original TFA program, unless such upgrade is accompanied by a separate set of terms and conditions in which case such terms and conditions will govern.

All travel agents and/or travel agencies registering in the TFA program will be considered registered immediately upon completion and submission of the registration form. Notwithstanding anything contained herein to the contrary, individual travel agents, wishing to register and become an TFA User must be associated with a registered "TFA" agency and approved as an active agent of the agency by the agency's Authorized Agency ConTFAt, provided however, that an individual may register as such and as the "Authorized Agency ConTFAt" simultaneously, and may act in both capacities, provided that by doing so, each individual represents and warrants he/she is legally authorized to do so. Individual agents who are not the Authorized Agency ConTFAt for their respective agency are required during their registration to provide the email of the Authorized Agency ConTFAt of their agency. TFA will use reasonable efforts by electronic mail and/or other methods, to conTFAt unregistered agencies to complete the registration process of the agency and also to provide the Authorized Agency ConTFAt the opportunity on an ongoing basis to verify the registration of agents associating with the agency.

Distribution of the Apps to Clients & Privacy

TFA Users will access the Apps distribution system via the Site using their username and password. It is the responsibility of each TFA User to maintain its own username and confidentiality of its password to avoid any misuse of its account on the Site. TFA Users will provide the TFA system with general information about Tourist(s)' vacation plans, including by way of description, travel dates, destinations, hotels, activities the AC User believes the Tourist(s) might be interested participating in during their vacation. Email messages distributed by the TFA system on behalf of TFA will contain instructions intended to allow Tourists to install one of the Apps to their mobile device for Tourists' use in making Qualifying Purchases. This information provided by TFA Users will be kept confidential and only used in accordance to applicable Privacy Policies.


When a Tourist installs one of the Apps per the instructions they receive in the email from their TFA User, that "TFA User" is automatically designated on the system as the agent of record for that Tourist for that specific vacation. Qualifying Purchases by the Tourist(s) during that specific vacation will entitle the agent of record to a commission calculated at a rate of 10% of the net retail sales price after specials and discounts of the tour booked through the Mobile Concierge App. Commissions will be paid to the "TFA User" in the "TFA" program bi-monthly, per the method selected by the "authorized agency conTFAt" in the "TFA User" profile they establish at the time of registration. Commissions on Qualifying Purchases made by the Tourists will be inclusive of any and all sales taxes, import or export duties, value added taxes, or similar taxes generated by or from commissions payment transaction. . Commissions will only be paid to individuals who are TFA Users who are associated with registered agencies with an "authorized agency conTFAt".

Commissions are deemed earned after the Tourist's vacation has been completed and payment of excursions price in full received. Likewise, no commissions will be paid whenever an excursion is cancelled and price reimbursed to Tourist by DMC.

TFA reserves the right to set forth a minimum amount of commission required prior to processing and forwarding payment to the "TFA User".

The transactions of each of the Tourists, and the commissions earned from the TFA program will be kept confidential and only available to agents for their specific clients, and agencies for their specific agents and their clients, and will be provided only to the Authorized Agency ConTFAt.


TFA Users understand and agree that commissions are considered taxable income to them.

TFA Users further acknowledge and understand that failure by TFA User to complete, execute and/or provide any of the tax forms or statements required under applicable tax provisions to Mobile Venture (TFA) or the applicable DMC may trigger Mobile Ventures (TFA) or DMCs' obligations as a withholding agent. Accordingly, TFA Users agree Mobile Ventures (TFA) or the applicable DMC may withhold from any payment made hereunder to "TFA Users":

  • Any taxes that Mobile Ventures (TFA) or the applicable DMC reasonably determines are required to be withheld under applicable tax laws or regulations, and;
  • any other amounts that Mobile Ventures (TFA) or the applicable DMC is authorized to withhold whether by TFA User, applicable law or court order.

Except for withholding taxes that are specifically allocated by law to TFA or the applicable DMC as their obligation, "TFA Users" shall pay all federal, state, local, and other taxes (including, without limitation, interest, fines, and penalties) imposed under applicable law by virtue of or relating to the payments and/or benefits contemplated by this Agreement. TFA Users will fully protect, indemnify and hold TFA and the applicable DMC harmless with respect to any claim made against TFA or the applicable DMC for tax liability in any form as a consequence of payments made by TFA or the applicable DMC to the TFA Users' as commissions.

The relationship between TFA and/or the applicable DMC and each TFA Users is that of separate, independent commercial entities and no rights of employment, joint venture or partnership are created for the individual TFA Users as a consequence of this Agreement or otherwise. TFA shall be under no obligation to provide sick pay, maternity pay, pension contributions or any other contribution, reward, remuneration or benefit to any TFA User other than commission described in Article 4 herein.

Commissions will be paid to the TFA Users in consideration of online sales they make on Qualifying Purchases and distributing the Apps when subsequent Qualifying Purchases are made by the Tourists to whom the TFA User distributed the Apps in accordance with the terms of this Agreement. The individual TFA Users will not be entitled to any compensation, reward or payment in respect of any holiday periods or other periods of absence taken by the individual TFA Users or its employees or subcontractors.

The TFA Users hereby undertake to provide TFA with their name, address and social security number (individuals) or employers identification number (corporations) in the event that TFA is required to file any specific form or disclose commission payment to a competent authority in any applicable jurisdiction.



TFA and/or DMC makes arrangements with third-party service providers and other independent parties to provide the Tourists with the tours and excursion packages they can purchase as Qualifying Purchases using the website and Apps. Although TFA and/or DMC takes great care in selecting these service providers, it does not have any control over their business activities and cannot be held responsible for their acts, omissions, fault or negligence, or that of their employees, nor for any loss or damages suffered as a result thereof.

TFA Users acknowledge and agree that TFA and/or DMC shall not be liable for the quality or safety of activities and/or services (such as excursions, optional tours, activities, etc.) offered by its service providers, nor for any representations made by service providers and their agents on any such activities and/or services. Moreover, TFA and/or DMC shall not be liable for the failure by the service providers to provide the services due to a force majeure event or any other cause beyond the reasonable control of TFA and/or DMC or the service providers.

TFA Users acknowledge and agree that TFA and/or DMC shall not be liable in any manner for any claims, loss, damage, cost or expense arising out of personal injury, accident, death, loss or damage to the Tourists, their guests or invitees and/or any of their property and/or any inconvenience, loss of enjoyment or disappointment that may arise from the participation of the Tourists in any such activities and/or services which are offered by TFA and/or DMC service providers and/or indirect, incidental, special or consequential damages whatsoever. TFA Users shall be responsible for notifying the Tourists of this limitation of liability provision and shall be require the Tourists to waive the right to recover from Mobile Venture(TFA) and/or DMC for any such damages.

TFA Users acknowledge and agree that in the website and Apps, there could be information and/or links to pages of third parties. It is hereby specifically agreed by the TFA Users that TFA and/or DMC does not grant any class of warranty with regards to such information and that it shall not be held responsible for any lack of compliance by the third parties.

TFA Users acknowledge and agree that TFA and/or DMC, its associates, affiliates or subsidiaries are not and shall not be responsible for any damages, direct, indirect, incidental, special or consequential, that may arise from use of the Site or the Apps, including by way of description, damages resulting from:

  1. transfer of electronic virus or similar when accessing the Site or the Apps;
  2. typographic, technical, orthographic, design errors or those caused by the delay in the update of the server and/or the Site or the Apps, part of these, the lack of availability or delay in sending or delivering the messages of data (including electronic mail, reservation requests, registration applications to the TFA program, processing of updates or changes to TFA Users' profile in the TFA program, payment of commissions or sending of reservation confirmations);
  3. intromissions to the Site, the apps or interception of data messages;
  4. errors of the TFA Users or Tourists when providing the information required by the Site or the Apps, that are not immediately notified by the TFA User or Tourist involved to TFA or the mobile concierge of the Apps for its attention and correction;
  5. duplicating or mistake in the processing of the charges to a credit card, due to the responsibility of the credit or banking entity used on the Apps;
  6. failure of any of the electronic features on the Apps intended for Tourists' use including but not limited to international phone calls and calls and chat with the TFA mobile concierge at destinations;
  7. any direct, indirect, incidental, special or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to TFA User's use or inability to use the TFA program or the Site, however caused, regardless of the theory of liability (contract, extra-contractual liability, tort or otherwise) and even if Sun has been advised of the possibility of such damages;
  8. TFA inability to continue operating the TFA program, which determination shall be made by TFA in its sole and absolute discretion, provided a written notice shall be sent out to TFA Users prior to termination, informing the TFA Users of the termination of the "TFA" program including the use of the "connect clients - send email" function and the ability of TFA Users and Tourists to install the Apps. In such event, commissions owed on the date of termination, or earned within 60 days after the date of such notice shall be paid by DMC to TFA Users no later than 90 days following the date of issuance of said termination notice;
  9. the foregoing limitations will apply even if the limited remedy set forth below fails of its essential purpose.

Notwithstanding the above, in case that any responsibility arises on behalf of TFA, such liability shall always be limited to the amount of the consideration paid by the Tourist(s) for a qualifying purchase on the "Apps" or the amount of commissions paid to "TFA User" in question, whichever amount results the greater.



TFA Users expressly acknowledge and agree that use of the TFA program or the Site is at their sole risk and that TFA and/ or DMC makes no warranty as to its fitness, performance and/or accuracy. To the maximum extent permitted by applicable law, the TFA program and/or the Site and any services performed or provided by the TFA program or the Site (the "Functionalities") are provided "as is" and "as available", with all faults and without warranty of any kind, and TFA and/or DMC hereby disclaim all warranties and conditions with respect to the AC program or the Site and any Functionalities, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. TFA does not warrant the TFA Users' enjoyment of the TFA program or the Site against interference; does not warrant that the functions contained in, or Functionalities performed or provided by, the TFA program or the Site will meet the "TFA Users'" requirements; does not warrant that the operation of the TFA program or the Site or the Functionalities will be uninterrupted or error-free, or that defects in the TFA program or the Site or Functionalities will be corrected.


Any incident, service problem or dissatisfaction with the TFA program or the Site must be reported by the TFA User at the time of the event or as soon as possible after, to allow TFA the opportunity to rectify the situation or provide assistance.

The TFA User must contact TFA via the TFA User phone line or the assistance chat line, if available on the website. If the TFA user phone line and assistant chat line are not available or accessible the TFA User may conTFAt TFA by email in the "conTFAt us" area of the website, or by emailing directly if an agent to: [email protected] or if an agency to: info@totoura.com.

A TFA User may also direct any communication in connection to TFA program or this Agreement to TFA physical address at First Floor, Building 2, Chelston Park, Culloden Road, St.Michael Barbados BB11155.


The access to the Site and/or access to the Apps does not grant the TFA Users or the Tourists, any class of right, title, interest or license to use the nominative, non nominative or mixed trademarks, domain names, etc., whether they are registered or not, as well as any images or in any other kind of industrial or intellectual property right owned by TFAand licensed to DMC (when and if applicable) that is presented through the Site or the Apps.


This Agreement shall be governed, interpreted and construed in accordance with the laws of Barbados, and the courts of St. Michael Barbados shall have exclusive jurisdiction for all matters or proceedings between TFA and the TFA Users.


All personal information provided on the Site, during the registration process of TFA Users and Tourists and email distribution to Tourists will be kept confidential.

TFA is committed to protecting the privacy of your personal information and has taken measures to ensure the privacy and confidentiality of that information. TFA commitment to safeguarding privacy is reflected in this privacy policy (the "Policy"). TFAdeveloped this Policy to ensure the highest standards are applied to information gathered from TFA Users and/or Tourists.

TFA takes the privacy rights of individuals very seriously and, in this respect, takes all measures possible to ensure the protection of the personal information that we collect in providing our services. TFA may be required to exchange personal information with third parties or individuals for the purpose of performing our services. TFA and such third parties may also exchange information on individuals that is not of a sensitive nature regarding their preferences for the purpose of offering and providing quality benefits, products, goods, and services in an efficient manner. Nevertheless, TFA will not collect, use, or disclose any personal information on an individual without his or her consent, unless compelled to do so by law.

TFA undertakings:

  • We shall collect only such personal information as is required to offer services, benefits, goods and products to individuals;
  • We shall not disclose any personal information to any third party other than to our service providers as reasonably necessary to enable them to perform services for TFA and the Apps and as further described herein, without the prior consent of the individual or unless bound by law to do so;
  • We may, on occasion, release personal information to our external agencies or suppliers for processing services offered by TFA prior to and during their vacation session. Through contractual agreements or other comparable means, we shall ensure that your personal information is protected when processed by our suppliers and external agencies;
  • In order to increase the opportunities of TFA customers to obtain special benefits, we may occasionally exchange personal information with a third party, in the form of a list of those customers who meet certain general criteria. The lists do not contain any direct conTFAt information or information of a sensitive nature, and the use of such information by the third party for any purpose other than as set forth in the Policy is strictly prohibited. Under no circumstances may personal information be disclosed without the consent, as applicable of the individual concerned;
  • Following a written request sent the forms of conTFAt set forth in section 8 above, We we will provide individuals with explanations on how to delete their names from any lists we exchange with third parties. Individuals may conTFAt TFA at the address above-mentioned in section 8 above, at any time, to have their names removed from these lists or from our database as well;
  • We guarantee the security and confidentiality of the information that individuals provide us with;
  • If requested to reveal personal information to a third party, we shall assume responsibility for the disclosures and shall take the necessary measures to ensure that the undertakings and rules referred to in this Policy are observed by this third party;
  • We require that all organizations that provide us with administrative support services or that process information at our request comply with the undertakings and rules contained in this Policy; and
  • Any individual is entitled to take cognizance of the information we hold on him or her, subject to restrictions in the law, and that person may require that inaccurate or incomplete information be corrected. Where applicable, we shall transmit this information to the person concerned and shall make the necessary corrections without delay.

Complaints concerning non-compliance with the Policy:

Should an individual feel that this Policy is not being complied with or should he or she be concerned by TFA practices, the individual concerned may submit a complaint to TFA by sending it to the address provided above in Article 8.

Any complaint or request for investigation shall be the subject of an inquiry or a reply within sixty (60) working days or earlier when required by applicable privacy law. If the complaint is justified, TFA will take the appropriate follow-up measures including providing access to the personal information requested, the correction of the information, or, where applicable, by modifying this Policy.


These terms and conditions constitute the entire agreement between TFA, DMC, and the TFA Users and their clients and therefore, any prior agreement, whether verbal or written, is as of this moment superseded.