Last updated: 29th September 2015
TripUgo (an entity
of MAAD Solutions Pty Ltd) is pleased to make its Service, as described below,
available to you on the following terms and conditions ('Terms of Service' or
'Terms'). The Terms of Service are a legal contract between the individual
using the Service ('you') and TripUgo ('TripUgo,' 'we,' 'us,' or 'our'). Your
access to and use of the Service is expressly conditioned on your agreement to
and compliance with the Terms of Service. BY CLICKING 'I AGREE,' ACCESSING,
BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO
BE BOUND BY THE TERMS OF SERVICE. Subject to your compliance with all terms and
conditions herein, TripUgo grants you permission to use the Service as set
forth in the Terms.
- The Service; Eligibility
TripUgo
operates a website located at www.tripUgo.com which includes
travel and trip planning resources and other information. For purposes of the
Terms of Service, the 'Site' means the website operated by TripUgo and
currently located at www.tripUgo.com, as it may be
updated, relocated, or otherwise modified from time to time, and includes any
and all information, text, images, and other materials and content appearing on
or incorporated into that website. The terms 'TripUgo Service' or 'Service'
means the Site and any other web sites, networks, embeddable widgets,
downloadable software, mobile applications including tablet computer
applications, features, messages such as emails that we may send you, and
services, whether on-line or off-line, owned or operated by TripUgo.
- THE SERVICE IS NOT AVAILABLE TO PERSONS
UNDER THE AGE OF 18, OR TO ANY PERSON SUSPENDED OR REMOVED FROM THE
SERVICE BY TRIPUGO. BY ACCESSING, BROWSING, OR USING THE SERVICE YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN
PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.
- If you are using the Service on behalf of a
company, entity, or organization, you represent and warrant that you are
an authorized representative with the authority to bind such organization
to the Terms, and agree to be bound by the Terms on behalf of such
organization.
- Registration
- Username and Password. You must register
for an account in order to use some features of the Service. You are
responsible for safeguarding the username and password that you use to
access any secure or password-protected areas of the Service. You must not
to disclose your password to any third party. You are solely responsible
for any activities or actions under your username and password, whether
or not you have authorized such activities or actions. You will
immediately notify us of any unauthorized use of your username or
password.
- Connecting Your Account. By connecting the
Service with a third-party service (such as Twitter or Facebook), you
give us permission to access and use your information from that service
as permitted by that service, store your log- in credentials for that
service, and post information on your behalf through the service.
- Accuracy. You must provide true, accurate,
current, and complete information about yourself as requested by any form
you complete as part of the process of registering for the Service and/or
setting up your account. If any information provided by you is untrue,
inaccurate, not current, deceptive, misleading, or incomplete, we reserve
the right to terminate your account and refuse any and all current or
future use of the Service. You are responsible for keeping your account
information current and accurate; we will have no liability for failure
to deliver notices that result from inaccurate account information.
- Others' Services and
Resources
You may
be informed of or receive access to third party services, products, offers,
promotions, features, websites, resources, information and the like (referred
to herein as 'Others' Services'), through links, postings, articles, or other
elements of the Service. For example, the Service may include information about
tour providers, French bakeries, other online travel and information tools,
hotels, museums, Italian pizzerias, bicycle shops, and other products or
services online and offline which TripUgo itself does not own or control. You
acknowledge and agree that we are not responsible for the availability,
quality, or performance of Others' Services, and we do not recommend or endorse
and are not responsible or liable for any content, advertising,
representations, opinions, advice, services, products, or other materials that
you may receive through such Others' Services. It is up to you to take
precautions to ensure that whatever links you select or software you download
(whether from this Site or other websites) is free of such items as viruses,
worms, trojan horses, defects and other items of a destructive nature.
- Third-Party Transactions,
Charges, and Release
The
providers of Others' Services referenced on the Service are not agents or
employees of TripUgo. TripUgo is not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence of any such provider of
Others' Services or from any personal injuries, death, property damage, or
other damages or expenses resulting therefrom. Your relationship with providers
of Others' Services may be governed by separate terms and conditions as
established by each provider of Others' Services, and when you use, purchase,
or receive any Others' Services, even when you do so through the TripUgo
Service, your relationship is directly with the third party provider. It is
your responsibility to understand and abide by all payment obligations, privacy
policies, and other terms and conditions that apply to any Others' Services you
elect to use, purchase, or receive. You agree that we will have no liability
for any claims, losses or damages arising out of or in connection with your use
of any Others' Services, even if we have referred you to the particular third
party, and you will indemnify us and hold us harmless against any claims
arising out of or relating to your use, purchase, or receipt of Others'
Services, your acts or omissions, or your breach of any terms or conditions
applicable thereto.
You are
solely responsible for your dealings with any provider of Others' Services, as
well as any Internet service provider, wireless carrier, telecommunications
company, or other carrier or similar service provider in connection with your
use of the Service, and for paying any fees or other amounts charged by any
such provider(s) in connection with such use.
IF YOU
HAVE A DISPUTE WITH A PROVIDER OF OTHERS' SERVICES, YOU RELEASE US (AND OUR
OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
§1542, WHICH SAYS: 'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.'
- Billing and Payment.
TripUgo
may choose to offer goods or services for purchase through the TripUgo Service.
The following terms govern purchases made through the TripUgo Service from TripUgo.
- Payment Methods. TripUgo
accepts payments through payment methods detailed on the applicable
payment screen. You agree that TripUgo may, in its discretion, aggregate
your accepted purchase offers over a period not to exceed seven (7) days,
and process all charges for the relevant period to your payment
instrument in a single transaction. TripUgo does not accept payment forms
other than those specified on the applicable payment screen. You agree to
pay for goods and services that you purchase through the Service and you
agree that we may charge your selected payment instrument for any such
payments.
- Taxes. You are
responsible for paying any governmental taxes imposed on your purchases,
including, but not limited to, sales, use or value-added taxes. To the
extent TripUgo is obligated to collect such taxes, the applicable tax
will be added to your billing account.
- Disputed Charges. YOU AGREE TO
SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO TRIPUGO
WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE
WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE. YOU
ALSO AGREE TO ATTEMPT IN GOOD FAITH TO RESOLVE ANY SUCH DISPUTE DIRECTLY
WITH TRIPUGO PRIOR TO RESORTING TO ANY ALTERNATE REMEDY OR DISPUTE
RESOLUTION MECHANISM, INCLUDING WITHOUT LIMITATION ISSUING A CHARGEBACK
REQUEST TO YOUR PAYMENT PROVIDER.
In
addition to goods or services from TripUgo, the TripUgo Service may also
include goods or service for purchase within the TripUgo Service from third
parties. Section 4 above provides more information about these Others'
Services, and you acknowledge that you are solely responsible for reviewing all
applicable terms related to Others' Services. Others' Services may include
travel and other products and services that may be non-refundable or require
additional fees to reschedule or change. Please make sure you understand the
applicable terms before making any purchases.
- Submissions
All
information, itineraries, trip details, trip photos, data, text, software,
music, sound, photographs, images, graphics, videos, messages, comments, tags,
or other materials ('Content') submitted by you to TripUgo are your sole
responsibility. This means that you, and not TripUgo, are entirely responsible
for all Content that you upload, post, transmit or otherwise make available
through the Service (altogether 'Submissions'). You agree that any Submissions
made available by you are subject to and must comply with the Sharing
Guidelines and any other rules or policies made available by TripUgo. The
Sharing Guidelines, which may be updated by TripUgo from time to time, are
available here and are hereby incorporated into the Terms by reference.
Content
is provided 'AS IS.' We do not control the Content posted by
users or other persons other than TripUgo via the Service and, as such, do not
guarantee the accuracy, integrity or quality of such third-party Content. Under
no circumstances will TripUgo be liable in any way for any third-party Content,
including, but not limited to, any offense, errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of, or
reliance on, any Content posted, emailed, transmitted or otherwise made
available via the Service. TripUgo and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or remove
any Content (including, for clarity, your Submissions) that is available via TripUgo
for any reason, or for no reason. Without limiting the foregoing, TripUgo and
its designees shall have the right to remove any Content that violates these
Terms.
Your
Limited Rights. You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any portion or use of, or
access to, the Service including without limitation any Content (whether
supplied by TripUgo or others) made available on or through the Service
(excluding the Submissions that you own—you are free to do as you wish with
your own Submissions). You may not to modify, rent, lease, loan, sell,
distribute, transmit, broadcast, publicly perform or create derivative works
based on the Service, including without limitation any Content (whether
supplied by TripUgo or others) made available on or through the Service.
Your
License to TripUgo. TripUgo does not claim ownership of your
Submissions, however, you affirm, represent, and warrant that you own or have
the necessary licenses, rights, consents, and permissions to publish
Submissions, and you agree to grant and hereby grant TripUgo the following
transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty- free
and non-exclusive license(s) to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display and exploit such Submissions on and/or in
connection with the Service (including distributing and featuring your Submissions
in promotional and marketing activities and materials related to the Service).
When these terms are terminated, we will make commercially reasonable efforts
to remove and to respond to your requests to remove your Submissions from the
Service, but you acknowledge that we might retain copies of Submissions and
other information provided to us as a part of our standard archival and
security practices. If we ever have to restore the Service from an archive, the
restored version of the Service may publicly include your removed Submissions
or other information that you previously provided to us. If Submissions or
information that you previously intended to remove are restored to the Service,
we will make commercially reasonable efforts to respond to your requests to
remove those Submissions. You acknowledge and agree that we cannot delete or
control the deletion or access to a Submission as it may exist on other
websites outside our control, or copies retained by others, even if they are
users of the Service. In the event that any Submission has been included in any
promotional, marketing, or other materials related to the Service, you agree
that we shall have the right to include your Submission on such materials
created or ordered prior to your removal of such Submission from the Service or
your termination of your account with us.
- Feedback
You may
provide TripUgo with information and feedback regarding the features and
performance of the Service, including reports of failures, errors, or other
malfunctions you encounter on the Service along with any associated error
messages (the 'Feedback'). Feedback provided to TripUgo may be used by TripUgo
to improve the Service, and accordingly, you hereby grant TripUgo a
non-exclusive, perpetual, irrevocable, royalty free, worldwide right and
license to use, reproduce, disclose, sublicense, distribute, modify and
otherwise exploit such Feedback without restriction.
- Privacy
Our
Privacy Policy (a current copy of which may be viewed at www.tripUgo.com/privacy.aspx or
obtained from us upon request) is hereby incorporated into the Terms by
reference. Please read this policy carefully for information and notices
concerning our collection, use, and disclosure of personal information we
receive when you register for, use, or access the Service. You hereby agree to
abide by our Privacy Policy and to stay informed of any changes to the posted
policy.
- Notifications; Modification
of Terms
We may
provide notices to you either by posting them on the Site or by email to the
address you provided when you registered for an account. All notices are
effective upon posting or when sent. Additionally, we may modify the Terms of
Service and/or our Privacy Policy at any time by posting the modified version
on the Site or by sending you a copy by email. Please check the Terms
periodically for changes. By continuing to access or use the Service after we
have posted or emailed any such modifications, you agree to be bound by the
modified Terms of Service or Privacy Policy (as applicable), but solely on a
going forward basis. Material changes to the Terms will automatically become
effective, on a going forward basis, thirty (30) days after they are posted to
the Site or sent to you via email. The following Sections survive any
termination of this Agreement: 1 and 3-17.
- TripUgo Property
Your
rights with respect to the Service are limited to those rights expressly
granted in the Terms of Service. You acknowledge and agree that TripUgo and its
licensors own all right, title, and interest in and to the Service (including
all Content comprising the Service), including all intellectual property rights
therein, even if TripUgo or its licensors incorporate any Submissions into
subsequent versions of the Service. The Service is protected by copyright,
trademark, trade secret, and other laws of both the United States and foreign
countries. Except as expressly permitted in the Terms of Service, you may not
reproduce, modify, or prepare derivative works based upon, distribute, sell,
transfer, publicly display, publicly perform, transmit, or otherwise use or
exploit any portion of the Service, including without limitation any
information or other Content provided through the Service.
The
content of the Service includes copyrighted materials, trademarks, trade
secrets, and other proprietary information and Content, which may include,
without limitation, personal information of TripUgo users, text, software,
photos, video, audio visual recordings, graphics, music and sound. All Content
comprising the Service and subsets thereof are also protected by copyright as
collective works. TripUgo owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content, as well as in the Content
original to TripUgo. You may not create a database or other archival collection
in electronic or physical form by downloading and storing, transcribing, or
otherwise utilizing by any manual or automated means, any Content contained on
the Service.
- General Prohibitions
You
agree not to do or attempt (or request that any third party do or attempt) any
of the following during or in connection with yours (or there) use of the
Service:
- Circumvent or attempt to circumvent any
access or use restrictions, data encryption, or content protection
related to the Service;
- Engage in spidering, 'screen scraping,'
'database scraping,' harvesting of e-mail addresses, wireless addresses,
travel plans or itineraries, events schedules, attraction information,
other contact or personal information, or other Content, or any other
automatic means of obtaining lists of users or other information or
Content from or through the Service, including without limitation any
information residing on any server or database connected to the Service;
- Copy, modify or distribute the computer
code used to generate web pages on the Service;
- Access, tamper with, or use non-public
areas of the Service, our computer systems, or the technical delivery
systems of our providers;
- Probe, scan or test the vulnerability of
any system or network or breach any security or authentication measures;
- Access or search the Service with any
engine, software, tool, agent, device or mechanism other than the
software and/or search agents provided by TripUgo or other generally available
third party web browsers;
- Send unsolicited email, bulk email, junk
mail, 'spam' or chain letters, or promotions or advertisements for
products or services, including without limitation those which are
designed to promote, directly or indirectly, a product or service with
which you have a business relationship or other commercial connection;
- In any way use the Service to send altered,
deceptive or false source-identifying information;
- Decipher, decompile, disassemble or reverse
engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere
with, the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming or
mail-bombing the Site or any other portion of Service;
- Impersonate or misrepresent your
affiliation with, or your lack of affiliation with, any person or entity;
- Use the Service in violation of TripUgo's
or any third party's intellectual property or other proprietary or legal
rights;
- Use the Service in violation of any
applicable law;
- Provide Submissions that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); or
- Upload, post, email, transmit or otherwise
make available Submissions that infringe or misappropriate any patent,
trademark, trade secret, copyright or other proprietary rights of any
party.
- Termination of Use; Discontinuation
and Modification of the Service
If you
violate any of the Terms of Service, your permission to use the Service will
automatically terminate. You also agree that we may, at any time and without
notice to you, suspend or revoke your access to and use of the Service, and any
account(s) you may have in connection with the Service: (i) for any reason or
no reason at all; (ii) where we determine in our sole discretion that such
action is reasonable in order to comply with legal requirements or to protect
the rights or interests of TripUgo or any third party; or (iii) in connection
with any general discontinuation of the Service. We also reserve the right to
modify the Service at any time without notice to you. We will have no liability
whatsoever on account of any change to the Service or any suspension or
revocation of your access to or use of the Service. You may terminate this
Agreement, and your account, at any time by contacting customer service at info@tripUgo.com.
- Indemnity
You
agree that you will be personally responsible for your use of the Service, and
you agree to defend, indemnify and hold harmless TripUgo and its officers,
directors, employees, consultants, affiliates, subsidiaries and agents
(collectively, the 'TripUgo Entities') from and against any and all claims,
liabilities, damages, losses and expenses, including reasonable attorneys' and
accounting fees and costs, arising out of or in any way connected with (i) your
access to, use of or alleged use of the Service; (ii) your violation of the
Terms of Service or any representation, warranty, or agreements referenced
herein; (iii) your violation of any third party right, including without
limitation any intellectual property right, publicity, confidentiality,
property or privacy right; (iv) any claim or allegation of a third party that TripUgo
has referred to you, to the extent based on any actual or alleged act or
omission on your part or behalf, or any other claim or allegation arising as a
result of such referral; and (v) any disputes or issues between you and any
third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with our defense of such claim.
- The Service is Provided
'AS-IS'
THE
SERVICE IS PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TRIPUGO ENTITIES
SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE,
OR TRADE; (III) ANY WARRANTIES THAT THE CONTENT, INFORMATION OR RESULTS
PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR
REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (IV) ANY
WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR
OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE.
YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY
CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK.
ALL
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS PROVIDED 'AS IS' AND NO
ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE TRIPUGO
ENTITIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY. INCLUSION OF
INFORMATION ON THE SERVICE IS FOR REFERENCE PURPOSES ONLY AND DOES NOT
CONSTITUTE AN ENDORSEMENT OF QUALITY, RELIABILITY, OR ANY OTHER ATTRIBUTE OF
THE SUBJECT OF THE INFORMATION, THE INFORMATION ITSELF, OR THE SOURCE OF THE
INFORMATION.
THE TRIPUGO
ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED UPON THE SERVICE
OR ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING YOUR
ITINERARY AND THE SHOPS, ATTRACTIONS, RESTAURANTS, BARS, AIRLINES, HOTELS,
TRANSPORTATION PROVIDERS, AND ANY SERVICES PROVIDED BY A THIRD PARTY YOU ELECT
TO PURCHASE, VISIT, RENT, VIEW, OR ATTEND BASED ON MATERIALS OR CONTENT
AVAILABLE THROUGH THE SERVICE. THE TRIPUGO ENTITIES ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICE OR ANY INFORMATION OR
CONTENT ON OR AVAILABLE THROUGH THE SERVICE, AND MAKE NO COMMITMENT OR WARRANTY
TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE
INFORMATION OR CONTENT CONTAINED IN THE SERVICE. IT IS YOUR RESPONSIBILITY TO
VERIFY THAT THIS INFORMATION OR CONTENT IS SUITABLE FOR YOUR PURPOSES.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME
CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE TRIPUGO ENTITIES NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE
SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE,
THE SERVICE (INCLUDING ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE),
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR
ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TRIPUGO ENTITIES HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TRIPUGO
ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. BEFORE UNDERTAKING TRAVEL OR OTHER ACTIVITIES BASED ON
INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE, YOU SHOULD INDEPENDENTLY
VERIFY THE INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE AND ENSURE
THAT YOUR TRAVEL ACTIVITIES AND OTHER PLANS ARE APPROPRIATE FOR YOU. TRAVEL AND
OTHER ACTIVITIES THAT DESCRIBED ON THE SERVICE ARE INHERENTLY RISKY AND YOU OR
YOUR COMPANIONS' PROPERTY COULD BE STOLEN, DAMAGED OR DESTROYED, AND YOU OR
YOUR COMPANIONS COULD DIE OR BE SERIOUSLY INJURED, AND WE WILL HAVE NO
LIABILITY TO YOU OR ANY THIRD PARTY IN ANY OF THESE EVENTS. THE TRIPUGO
ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY
THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE
SERVICE.
YOU
AGREE THAT THE AGGREGATE LIABILITY OF THE TRIPUGO ENTITIES TO YOU FOR ANY AND
ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE
GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO TRIPUGO FOR ACCESS TO AND USE OF
THE SERVICE (INCLUDING ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE) GIVING
RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (II) $50.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN TRIPUGO AND YOU.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN
CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Applicable Laws and Dispute
Resolution
We
operate the Service from our offices in the State of Washington, and we make no
representations that information and materials included in the Service are
appropriate or available for use in other locations. Access to the Service from
any territory where the content is illegal is prohibited.
If a
dispute arises between you and TripUgo, you and TripUgo agree that we will
resolve any claim that arises out of or relates to this Agreement or the
Service (a 'Claim') solely in accordance with the provisions set forth below or
as we and you otherwise agree in writing.
- Law and Forum for Disputes - This Agreement
shall be governed in all respects by the laws of the State of Western
Australia without reference to conflict of law provisions. You agree that
any claim or dispute you may have against TripUgo shall be exclusively
resolved by a court located in Perth, Western Australia, except as
otherwise agreed by the parties. You agree to submit to the personal
jurisdiction of the courts located within Perth, Western Australia for
the purpose of litigating all such claims or disputes.
- Improperly Filed Claims - All claims you
bring against TripUgo must be resolved in accordance with this Section,
and any claims filed or brought contrary to the Section shall be
considered improperly filed. Should you file a claim contrary to this
Section, TripUgo may and will recover reasonable attorneys' fees and
costs up to $1000, provided that TripUgo has notified you in writing of
the improperly filed claim, and you have failed to promptly withdraw the
claim.
- General
The
Terms of Service, together with the Privacy Policy and Sharing Guidelines
constitute the entire and exclusive understanding and agreement between you and
TripUgo regarding your use of and access to the Service, and except as
expressly permitted above may only be amended by a written agreement signed by
authorized representatives of the parties. You may not assign or transfer the
Terms of Service or your rights hereunder, in whole or in part, by operation of
law or otherwise, without our prior written consent. We may assign the Terms of
Service at any time without notice. The failure to require performance of any
provision shall not affect our right to require performance at any time
thereafter, nor shall a waiver of any breach or default of the Terms of Service
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself. Use of paragraph headers in the Terms is for convenience only
and shall not have any impact on the interpretation of particular provisions.
In the event that any part of the Terms of Service is held to be invalid or unenforceable,
the unenforceable part shall be given effect to the greatest extent possible
and the remaining parts will remain in full force and effect.
- Contact Information
If you
have any questions regarding the Terms of Service or the Service, please contact
us at info@tripUgo.com or by mail at:
TripUgo
PO Box 6077
Swanbourne WA 6010
AUSTRALIA
info@tripUgo.com