Acceptance of terms
TripAround provides its services to you, the vendor, through its website located at http://www.triparound.com/ and any of the subdomains of TripAround.com as well as its application and related services, conditional on your acceptance without modification of the Terms and Conditions.
Your use of this website or the acceptance of the Terms and Conditions constitutes your agreement you have read, understood and agree to be legally bound by these Terms and Conditions.
TripAround reserves the right, at its sole discretion, to modify, remove or update any portion of these Terms and Conditions at any time. TripAround will post any changes on this page and will indicate the date at which these terms were last revised. TripAround will notify the Vendor through the interface or other means of communication before the terms and conditions are effective. Any changes made to these terms and conditions are made effective no earlier than fourteen (14) days after they have been posted unless these changes concern new functions of the service or address legal issues, in which case they will be effective immediately. The Vendor’s use of the service after the modifications become effective constitutes the acceptance of the new terms and conditions.
Use of the service
TripAround grants Vendors a non-transferable and non-exclusive right to access the website and all services offered herein, as set in a subscription term between both parties. This access allows the Vendor to solicit and obtain information from attendees for business purposes, subject to the terms of the agreement.
Prohibited use of the service
TripAround provides its services to you for as long as you consent to not use these Services in any way that might be harmful or illegal to the Service. Among other restrictions, you agree as a Vendor that you will not nor will you allow a third-party to:
- Use the content of our Services in order to support and inform a third-party whose intentions are to build or assist in building products and services that are competitive to those offered by TripAround.
- Upload content that contain software viruses or any other content, such as but not limited to computer codes and programs, worms, invalid data, capable of destroying, altering and limiting the functionality of the Service.
- Attempt to discover the structure of the Services offered to you by TripAround by searching for the source code, the algorithms or the object code through actions such as reverse engineering, decompiling, and disassembling.
- Attempt to translate, modify or make derivative works from the Services offered by TripAround or the Service’s software.
- Attempt to alter or remove any notices or labels stating the property of the Services and the Software to TripAround.
- Attempt to use the Services in an unauthorized way.
The Services may only be used by the Vendor for its own personal business operations and may in no circumstance be used for operations outside of the scope of the rights granted to the Vendor herein. The Services shall not be used in any way that is illegal nor harmful and the Vendor will be liable for all acts and omissions made using its account and is therefore responsible for keeping its account access passwords secured. The use of these Services shall only be made in compliance with the laws and regulations applicable. If TripAround suspects or discovers any prohibited use of its Services, it reserves the right to suspend the Vendor’s account. Any suspension of the Services originated by TripAround if the Vendor fails to make payment with 10 business days after TripAround gave a notice or if the Vendor violates any of these Terms and Conditions does not relieve the Vendor from his payment obligations under this Agreement.
TripAround has granted an access to you, Vendor, to use the services provided through this website in accordance to these Terms and Conditions. You must agree to not “use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties”.
All right, copyrights, patents, trademarks, registered trademarks, service marks and trade secrets that are in relation with the Services offered by TripAround, remain the sole property of TripAround and are referred to as the “Intellectual property”. The rights of the Intellectual property of TripAround will in no way be transferred to you, the Vendor. Any content of the Intellectual Property may not be copied, reproduced, used, transmitted, sold, licensed, or exploited under any circumstances without the Vendor having received a prior written consent from TripAround.
Third party material
Under no circumstances will TripAround be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TripAround does not pre-screen content, but that TripAround and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, TripAround and its designees will have the right to remove any content that violates these Terms of Service or is deemed by TripAround, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User content transmitted through the service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant TripAround and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to TripAround are non-confidential and TripAround will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that TripAround may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TripAround, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
To use the service, you must first register yourself to gain access. If you are registering on behalf of a company, you consent on having the required authority to register for such company. You agree to provide and maintain true, accurate and current information concerning yourself as required by our registration form. Failure to do so constitutes a breach of these Terms and Conditions. You have the responsibility of maintaining the confidentiality of your password and any actions taken via your account and under your credentials, whether or not made by your knowledge, will be your sole responsibility.
By registering you agree that you will use TripAround only for purposes such as advertised on the website or in other marketing materials published by TripAround and that you are a valid Business who will use the service in order to advertise it, generate online reservations, manage your appointments, subscriptions and enrollments, generate reports with regards to your operations.
As a Vendor, you also consent to offer services directly provided by you and not to be promoting, listing or offering services provided by others.
To the extent, the Service or any portion of it is available in return for a fee, you will be required to provide information with regards to your credit card or any other payment instrument to TripAround. You agree that any information you provide is true and that you are authorized to use the payment instrument. It is your responsibility to update your account information so that it is accurate and up to date.
You agree that the address and email address you provide in your account setting are valid and that TripAround may invoice you at such addresses or through other electronic communications.
Payment authorization for businesses; invoicing
TripAround may charge you immediate and/or recurring fees.
Immediate fees include one-off fees and the 1st instalment of a recurring fee. Immediate fees are charged to your credit card upon your request to use certain services via the website. Immediate fees are non-refundable and TripAround will invoice you automatically for any recurring fees which you will receive via mail or any other electronic means. You can access all your invoices through the account>Billing section of your TripAround account.
All of TripAround fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and Vendor shall be responsible for payment of all such taxes, levies, or duties even if such amounts are not listed in an Order.
Payment of invoices for the recurring fees is due within 7 days of the invoice date and as a vendor you will be charged on your payment method on or after the due date. If you have a request to make with regards to your recurring fees please submit your request to us through a written form (email, mail or support ticket) before the due date. After the due date has passed, you will be unable to dispute those recurring fees.
Any amount that has been charged to your credit card for a service provided by TripAround is non-refundable. For every amount, a tax invoice/ receipt will be generated, which you can access through the Account > Billing section of your TripAround account.
If TripAround charges your credit card in accordance to these Terms and Conditions, and that the payment is unsuccessful, TripAround reserves the right to suspend your access to the service.
Unpaid invoices that are not the subject of a written good faith dispute are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all reasonable expenses of collection.
Term and Termination
This Agreement shall commence as of the date set forth in the first Order, and, unless earlier terminated as set forth below, shall remain in effect through the end of the Subscription Term in any current Order. The Subscription Term will automatically renew for additional successive periods of time equal to the length of the original Subscription Term, unless either party provides written notice of non-renewal at least 30 days prior to the end of the then-current term. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions, confidentiality obligations, warranty disclaimers, and limitations of liability. In the event of a material breach by either party, the non-breaching party shall have the right to terminate the applicable Order for cause if such breach has not been cured within 30 days of written notice from the non-breaching party specifying the breach in detail. If TripAround terminates an Order for Vendor's material breach, all fees set forth on such Order are immediately due and payable. Upon any termination or expiration of an Order, Vendor's right to access and use the Services covered by that Order shall terminate. Notwithstanding the foregoing, at Vendor's request if received within 30 days of termination of the Order, TripAround will permit Vendor to access the Services solely to the extent necessary for Vendor to retrieve a file of Vendor Data and Attendee Feedback then in TripAround’s possession. Vendor acknowledges and agrees that TripAround has no obligation to retain Vendor Data or Attendee Feedback and that TripAround will have the right to irretrievably delete and destroy Vendor Data and Attendee Feedback after 30 days following the termination of this Agreement.
Although TripAround aims at providing the most accurate information to its Vendors by updating its website periodically, any services, information, software and products offered to you through the website of TripAround may include inaccuracies as well as typographical errors. TripAround may make changes or improvements to its website at any time. All information as well as the products and services are provided “as is” without warranty or conditions of any kind. TripAround does not make any representations with regards to the suitability and reliability of the information, products and services that are contained on this website for any purpose.
TripAround hereby disclaims all warranties and conditions with regards to the information, services and products including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no circumstances shall TripAround be held accountable or liable for any direct, indirect, punitive, incidental, special or consequential damages that have arisen out of or in connection with the use of TripAround’ website and its performance, with the delay or inability to use the website and its services, or for any information, products and services obtained through this website or otherwise arising out of the use of the TripAround’ website whether based on contract, tort, negligence, strict liability or otherwise, even if TripAround have been advised of the possibility of damages. Because some states or jurisdictions refuse to exclude or limit the liability for consequential or incidental damages, the above limitation may not apply to you.
Cancelation and termination
TripAround reserves the right, at its discretion, to interrupt or cancel your access to its website and the related services at any time, without prior notice. TripAround may also demand that you, the Vendor, change your content on the website for good cause. Should you refuse to comply, TripAround may suspend your use of the website, of your account and may terminate your subscription.
Links to third-party sites
The website might contain links that will redirect you to websites that are not operated by TripAround “Linked Sites”. Any of the content of these Linked Sites is not under the control nor the responsibility of TripAround and is solely provided for your reference and convenience. The graphics, materials and information within these Linked Sites cannot be associated with TripAround and are nor approved neither endorsed by TripAround. TripAround will not be held accountable for any forms of transmission received by these Linked Sites.