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Terms of service

Last updated on 15th October 2015

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY TRAVEL101.COM LTD. (“TRAVEL101.COM,” “WE,” “US,” “OUR”). BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS.

TRAVEL101.COM IS A MARKETPLACE FOR LOCAL EXPERIENCES. WE ARE NOT A TRAVEL AGENT BUT A TECHNOLOGY STARTUP. WE DO NOT OWN OR CONDUCT ANY TOURS ON THIS PLATFORM. WE DO NOT PROVIDE ACCOMODATIONS, AIR TICKETS OR OTHER TRANSPORTATION SERVICES TO OUR CUSTOMERS. ALL OF THE LOCAL EXPERIENCES AND TOURS ON TRAVEL101.COM ARE PROVIDED BY OUR MEMBERS. WE DO NOT SELL THESE TOURS BUT PROVIDE THE LISTING PLATFORM AND PAYMENT GATEWAY FOR OUR MEMBERS.

travel101.com provides its services (described below) to you through its website located at http://www.travel101.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Service is designed to provide consumers access to information, activities, experiences regarding local destinations and activities and to provide local experience hosts (which may hereafter be referred to collectively as “travel101.com Hosts(s)”) a platform for easily providing consumers such information.

Your Registration Obligations: You are required to register with travel101.com in order to access and use certain features of the Service. If you are accessing the Services through a third party site or service, travel101.com may require that your user information be the same as your user information for such third party site or service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Failure to do so shall constitute a breach of this Terms of Services, which may result in immediate termination of your account. travel101.com reserves the right to refuse registration of or cancel a travel101.com account in its discretion. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify travel101.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. travel101.com will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: travel101.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that travel101.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that travel101.com may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on travel101.com’s servers on your behalf. You agree that travel101.com has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that travel101.com reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that travel101.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use

User Conduct: You are solely responsible for all information, text, software, music, sound, photographs, graphics, video, messages, customers’ safety or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit or use via the Service, whether as a travel101.com Hosts, end user or otherwise. The following are examples of the kind of content and/or use that is illegal or prohibited by travel101.com. travel101.com reserves the right to investigate and take appropriate legal action against anyone who, in travel101.com’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

Post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of travel101.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose travel101.com or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
User Fee Terms: When you purchase a local experience offered by any members, you are purchasing directly from the local experiences’ owner, not travel101.com. We will only help our seller to verify your payment information. In addition to the fees you pay for local experiences, you acknowledge that travel101.com reserves the right to charge for any portion of the Service (“Service Fees”) and to change its Service Fees from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site and these Terms of Service. If you are required to provide travel101.com information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let travel101.com know within three (03) days after the date that you enjoy the Offer purchased. If travel101.com terminates your account and use of the Service because you have breached these Terms of Service, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Service Fees are also non-refundable.

Promotion

By creating local experiences on our Site, you, as travel101.com Hosts, unconditionally agree to provide travel101.com’s end users with up to 20% discount on all your Offers any time travel101.com runs promotional campaigns. travel101.com shall not seek your approval before implementing promotion of up to 20%. Any promotion above 20% shall be communicated and agreed with travel101.com Hosts.

Cancellation and Refunds

If you wish to cancel or obtain a refund for a local experience with a member, please see travel101.com’s Refund Policy.

Special Notice for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by travel101.com, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service is the property of travel101.com, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by travel101.com.

The travel101.com name and logo are trademarks and service marks of travel101.com (collectively the “travel101.com Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to travel101.com. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of travel101.com Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of travel101.com Trademarks will inure to our exclusive benefit.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. travel101.com has no control over such sites and resources and travel101.com is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that travel101.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including travel101.com Hosts) found while using the Service are between you and the third party, and you agree that travel101.com is not liable for any loss or claim that you may have against any such third party.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.

Warranty Disclaimers

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. travel101.com expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of host ability, fitness for a particular purpose, title and non-infringement.

travel101.com makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Termination

This Terms of Service shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. You agree that travel101.com, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if travel101.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. travel101.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that travel101.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that travel101.com shall not be liable to you or any third-party for any termination of your access to the Service.

All provisions of this Terms of Service which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers, and limitation of liability.

User Disputes

You agree that you are solely responsible for your interactions with any other users or travel101.com Hosts in connection with the Service and travel101.com will have no liability or responsibility with respect thereto. travel101.com reserves the right, but has no obligation, to become involved in any way with disputes between you and any other users of the Service.

Your Privacy

At travel101.com, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. travel101.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond travel101.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Terms of Services is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Services shall otherwise remain in full force and effect and enforceable. This Terms of Services is not assignable, transferable or sublicensable by you except with travel101.com’s prior written consent. travel101.com may transfer, assign or delegate this Terms of Services and its rights and obligations without consent. Both parties agree that this Terms of Services is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Terms of Services, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Terms of Services and you do not have any authority of any kind to bind travel101.com in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Questions, Concerns or Suggestions

Please contact us at info@travel101.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.