Welcome to the Trrip digital platform (the “Platform”). The Platform is operated by Trrip, Inc. (“Trrip”) and is accessible through Trrip’s websites (including www.trrip.co) and mobile applications.
The following terms and conditions (“Terms”) govern your use of the Platform.
Trrip is a private company and is not affiliated with any Member or Provider. Nothing in these Terms shall be construed as making Trrip the partner, joint venturer, agent, legal representative, employer, contractor, or employee of any other party. Trrip does not take part in, nor is Trrip in any way responsible for, any interactions or negotiations between Members and Providers, except to the extent necessary to maintain the Platform. Any interaction between you and any other individual or entity through the Platform or arising out of your use of the Platform, including any interactions between Members and Providers, is solely between you and that other individual or entity. Trrip expressly disclaims any responsibility for any interactions between Members and Providers.
By accessing, viewing, or using the content, material, or Services available on or through the Platform, you indicate, on behalf of yourself and any company or business entity on whose behalf you are using the Platform, that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use the Platform and must exit immediately. If you are under 18 years of age (the Platform must not be used by children under 13 under any circumstances) and are not an emancipated minor, you must possess legal parental or guardian consent, failing which you are not granted permission to use the Platform and must exit immediately.
Any personal information that you provide to Trrip via the Platform is subject to Trrip’s [Privacy Policy], which is incorporated into these Terms by reference, as if set forth fully herein.
If you have any questions concerning these Terms or wish to exercise your rights as described below, please email Trrip at: [email protected].
Subject to these Terms, Trrip hereby grants you a single, limited, terminable, revocable, royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and use the Platform, solely for informational purposes. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the mobile device, hardware, systems software, telecommunications applications and providers, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, any software, applications or other materials, including the Platform, made available to you is the copyrighted work of Trrip or its licensors. Copying or distributing the Platform or the Platform Content (as defined below) is expressly prohibited.
In order to access certain content, services, products, or benefits on the Platform, you may be asked to register and create an account. By registering an account with Trrip, you represent that you are at least 18 years of age or older. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password.
As part of the registration process, you may be asked to select a user name and password, and may be required to provide Trrip with certain information about yourself including some types of personally identifying information, such as your email, address, and phone number, and other credentials. You agree that the information that you provide to Trrip on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. By registering with Trrip, you hereby authorize Trrip to verify any representations and warranties you make either pursuant to these Terms or within any materials submitted during the registration process, including conducting background checks, contacting any provided references or affiliations, and reviewing public records. You acknowledge that while Trrip reserves the right to verify these representations and warranties, Trrip is not obligated to do so, and may choose not to do so, in Trrip’s sole discretion.
Depending on your intended uses of the Platform, you may be asked to designate your account as either a Member Account (i.e., for Members) or a Provider Account (i.e., for Providers). Your obligations and rights under these Terms may vary depending on whether you registered as a Member or a Provider.
Prior to registering a Provider Account, each potential Provider must submit an application through the Platform. By submitting an application to create a Provider Account, you represent, on behalf of yourself and any company or business entity on whose behalf you are using the Platform, that you are at least 18 years of age and that you agree to bound by and comply with these Terms. While Trrip reserves the right to review your application, Trrip is not obligated to do so, and may choose not to do so, in Trrip’s sole discretion. Trrip may approve or reject your application, for any reason or no reason, in its sole discretion.
Each Provider must be: (a) able to perform all of the Services under this Agreement without creating a conflict with, or breach of, any contract, relationship, or understanding to which he or she is a party; and (b) comply with all federal, state, and local statutes, regulations, rules, ordinances, and orders of any governmental body or agency, including those relating to the delivery of the Services to the Members.
Providers must maintain a current and accurate profile that provides a safe, simple, and positive experience for all users of the Platform, including Members. A Provider’s profile must not include any inappropriate language, any misleading titles that do not accurately describe the Services offered, or any links to third party websites or services. Providers may not solicit Members to pay additional fees, including travel fees, or use other payment methods not specifically permitted by Trrip as approved payment methods.
You acknowledge that all business opportunities generated through the Platform constitute extremely valuable assets of Trrip, and that Trrip is entitled to protect those assets. As such, you agree, during the time when you are registered with Trrip and for one year thereafter, not to, in any manner, directly or indirectly, whether as owner, partner, stockholder, contractor, agent, consultant, or otherwise induce or attempt to induce any Provider or Member (or any person who had been a Member or Provider, at any time during your registration with Trrip) to terminate any relationship with Trrip. You further acknowledge that any breach of this Section 3 would cause immediate and irreparable harm to Trrip, and that Trrip shall be entitled to an injunction restraining such breach, in which case no bond or other security shall be required in connection therewith. In addition, you acknowledge that the damages for such breach are difficult to ascertain and that Trrip shall be entitled to recover, as liquidated damages, all of the fees, compensation, commissions, or other remuneration received by you (including amounts paid to your then employers, partners, or joint venturers) in connection with any such breach.
Some products or services made available on the Platform, including the Services of a Provider, may be available for purchase. All payments for any services made available through the Platform must be to the relevant Provider. You are responsible for all charges incurred under your account, whether made by you or another person using your account. You are also responsible for paying all governmental taxes imposed in connection with your use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Trrip’s net income). To the extent that Trrip is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are final, and any refunds will be in Trrip’s sole discretion.
By purchasing products or services made available through the Platform, you represent that you are 18 years of age or older and that you will comply with all specified processes and procedures for redeeming your purchase.
You agree that you will not use the Platform or the Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including to import, export, copyright, and trademark laws); (b) contacting any other user of the Platform who has requested not to be contacted; (c) stalking or harassing anyone; (d) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Platform Content, unless otherwise authorized by these Terms or in a separate written agreement with Trrip; (e) attempting to gain unauthorized access to Trrip’s computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Platform or any services provided through the Platform; (f) data mining, scraping, robots, or for releasing spiders, crawlers or any other data gathering or extraction tools, except to the extent the Platform is indexed by general purpose consumer accessible search engines, including Google, Yahoo, MSN, or Bing; (g) promoting any effort to compete with Trrip, including using the Platform in a way that causes a reduction or loss of business for Trrip; (h) cheating or plagiarizing; (i) any resale or commercial use of the Platform, the Platform Content, or the User Content; (j) using the Platform to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Platform aimed at preventing or restricting the unauthorized use of the Platform or any of the Platform Content. You agree to use the Platform only for the purpose and manner for which they were specifically designed; any other use of the Platform or the Platform Content without prior written permission of Trrip is strictly prohibited. You acknowledge and agree that the unauthorized use of the Platform or the Platform Content could cause irreparable harm to Trrip and that, in the event of such unauthorized use, Trrip shall be entitled to an injunction in addition to any other remedies available at law or in equity.
As between you and Trrip, Trrip owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, and any software concepts and documentation and other materials on, in, or made available through the Platform (the “Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on the Platform or used in connection with any Platform Content. As between you and Trrip, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on the Platform are proprietary to Trrip or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by Trrip, you do not have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Platform (“User Content”). By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by Trrip and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information of a third party.
You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Trrip, you grant Trrip a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Platform violate your intellectual property or other rights, please follow our Complaint Procedures in Section 13 of these Terms.
The Platform may contain links to other websites or feature services of third parties for the convenience of users: (a) in locating information, products, or services that may be of interest; (b) with using the Platform; or (c) with performing or receiving the Services, and complying with any requirements associated with such transactions. These third party websites and services may be available on the Platform via a link, redirect, connect, "frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. Links to other online services may use Trrip’s logos and look-and-feel as a result of a co-branding agreement.
In order to utilize some aspects of the Platform, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Trrip’s third party service providers, suppliers, and licensors. To the extent applicable, these Terms shall apply, but please be aware that Trrip has no control over these third parties, and that these Terms may not apply to such links and services. Trrip does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Trrip encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter. Additional Provider Terms may be made available to you upon your access to or use of particular feature, function, or other element of the Platform.
You hereby acknowledge that certain confidential business materials and other non-public information, including financial information, customer lists, business relationships, and other trade secrets of Trrip (“Confidential Information”) may be disclosed to you during your use of the Platform or during your use of or performance of the Services. You will not, at any time, during or after the term of this Agreement, directly or indirectly, copy, use, disclose, release, or publish any such Confidential Information, except as expressly required or authorized by Trrip. You will exercise reasonable precautions in maintaining the confidentiality of Trrip’s Confidential Information, and will not disclose such Confidential Information to third parties without Trrip’s express written permission. Because the life of Confidential Information may extend indefinitely, this provision shall continue in perpetuity.
Trrip, its subsidiaries, affiliates, and licensors, are not responsible for and do not guarantee the accuracy or completeness of any Platform Content, User Content, products, data, services (whether performed by Trrip or any third party), links, advertisements, or other items contained within or made available through the Platform. For avoidance of doubt, Trrip disclaims all responsibility for the Services provided by Providers, and Trrip disclaims all responsibility for the failure of any Provider to perform any Services. Trrip reserves the right to immediately remove any Platform Content or User Content for any reason, or for no reason. Trrip cannot and does not review all communications or products made available on or through the Platform, but, although not obligated to, may review, verify, make changes to, or remove any Platform Content, User Content, or the products or services made available in connection with the Platform, at any time, with or without notice, in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of the Platform, Platform Content, User Content, or Services and that you may not rely on any of the foregoing.
THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PLATFORM ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. TRRIP AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE PLATFORM, PLATFORM CONTENT, THE USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PLATFORM, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT RELATED TO THE PLATFORM IS WITH YOU.
TRRIP AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PLATFORM, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR TRRIP HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF TRRIP AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PLATFORM, OR THE SERVICES, PRODUCTS, DATA, OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH, EXCEED THE AMOUNTS PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE PLATFORM AND THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF TRRIP AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS. If you are dissatisfied with the Platform or with any of these Terms, or feel Trrip has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform.
You shall defend Trrip and its directors, officers, employees, agents, contractors and licensors (“Trrip Indemnitees”) against all claims, actions, suits, and other proceedings arising out of or incurred in connection with your use of the Platform (except to the extent attributable to Trrip), including the provision or receipt of any of the Services, or your breach of these Terms or any fraud, violation of law, negligence, or willful misconduct (“Claim(s)”). You shall further indemnify and hold the Trrip Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Trrip. Trrip or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects with such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Trrip or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Trrip, subject to the right of Trrip to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Trrip uses reasonable efforts to ensure that the Platform is generally available. However, there will be occasions when access to the Platform will be interrupted or unavailable. Trrip will use reasonable efforts to minimize such disruption where it is within Trrip’s reasonable control. You agree that Trrip will not be liable to you for any modification, suspension, or discontinuance of the Platform. You understand that the technical processing and transmission of any content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Trrip does not guarantee that any information sent from via the Platform will be secure during transmission, nor can Trrip guarantee the confidentiality of any communication or material transmitted to Trrip via the Platform or the internet in general, including, for example, personal information such as your name or address.
If you believe that any content or postings on the Platform violates your intellectual property or other rights, please notify Trrip via e-mail to [email protected] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Trrip reserves the right at any time to modify, alter, or update these Terms. Trrip will notify you, by email or with a posting to the Platform, of any new or revised Terms, including information regarding the location of the new or revised terms and conditions. Your use of the Platform following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Platform before the change was made. It is the obligation of users of the Platform before the change to learn of changes to the Terms since their last visit. Trrip may suspend or terminate your account and/or your ability to use the Platform for any failure to comply with these Terms, for providing Trrip with untrue or inaccurate information about yourself, for infringement of Trrip’s proprietary rights, or for any other reason whatsoever or for no reason.
You may not transfer or assign any of your rights or obligations hereunder to any other party in any manner (by assignment, operation of law, or otherwise) unless you have obtained prior written consent from Trrip. If you attempt to transfer or assign any of your rights or obligations hereunder without Trrip’s prior written consent, the transfer or assignment will be ineffective, null, and void (and you will be in material breach of these Terms).
These Terms will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Platform, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the borough of Manhattan, New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. If any provision of these Terms shall be deemed unlawful, invalid or unenforceable for any reason, then that provision(s) shall be deemed severable from the Terms, and shall not affect the validity or enforceability of the remaining provisions.
The Platform is controlled and operated from within the United States. Without limiting anything else, Trrip makes no representation that the Platform, Platform Materials, User Content, Services, products, information, and other materials available on, in, or through the Platform are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Trrip to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”