1. Your Agreement
1.1 Your Acknowledgement
2.1 TripZeeker's Modifications
3. Access and Use of the Services
3.1 Ownership of Content
- 3.1.1 This Website, the domain name (www.TripZeeker.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by TripZeeker in connection therewith are owned and operated by TripZeeker.
3.2 Provision and Accessibility of Services
- 3.2.3 If you link to is Website, TripZeeker may revoke your rights to so link at any time, at TripZeeker’s sole discretion. TripZeeker reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
- 4.1.2 If TripZeeker agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. TripZeeker may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
- 4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 TripZeeker’s Liability for the Website and Content
- 4.2.1 TripZeeker cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. TripZeeker cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- 4.2.2 Under no circumstances will TripZeeker be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
5.1 Intellectual Property
- 5.1.1 All intellectual property rights subsisting in respect of this Website belong to TripZeeker or have been licensed to TripZeeker for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
- (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part;
- (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and
- (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from TripZeeker or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
- 6.1.1 In the course ofessing this Website or using the Services, you may provide information which may be used by TripZeeker and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to TripZeeker and/or the Operators in connection with the Services (“User Submissions”):
- (a) You hereby grant to TripZeeker and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and TripZeeker’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
- (d) You acknowledge and agree that TripZeeker retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to TripZeeker does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; and
- (e) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that TripZeeker will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
- 7.1.1 You represent, warrant and undertake to TripZeeker that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that:
- (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or
- (b) Violates any law, statute, ordinance or regulation; or
- (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
- (d) Involves commercial activities and/or sales without TripZeeker’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of TripZeeker; or
- (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
- 7.2.1 TripZeeker reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if TripZeeker is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
- 7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
- 7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to TripZeeker that:
- (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or TripZeeker’s use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
- 7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to TripZeeker that you shall not:
- (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or
- (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or
- (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or
- (d) Run maillist, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or
- (e) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; or
- (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
- 7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8. Registration and Security
8.1 Opening of the TripZeeker Account
- 8.1.1 In the course of using the Services, you may be required to open and maintain an account with TripZeeker (“TripZeeker Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with TripZeeker and select a password and user name (“TripZeeker User ID”). If you are accessing the Services through a Third Party Website or service, TripZeeker may require that your TripZeeker User ID be the same as your user name for such Third Party Website or service.
- 8.2.3 You represent that you shall not:
- (a) Select or use as a TripZeeker User ID a name of another person with the intent to impersonate that person; or
- (b) Use as a TripZeeker User ID a name subject to any rights of a person other than you without appropriate authorization.
- 8.2.4 TripZeeker reserves the right to refuse registration of or to cancel a TripZeeker Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews - Further correspondence - Rights to User Content
9.1. By completing a booking,
- you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the TripZeeker platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account will be awarded TripZeeker credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of TripZeeker credits. TripZeeker further reserves the right to deduct any credits directly from your TripZeeker account without prior notice.
9.2. By posting a review,
- you grant TripZeeker the full, perpetual, free, transferable and irrevocable rights to all submitted user content. TripZeeker reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
- 9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
- 9.3.2. such content is accurate and not misleading; and
9.4. Reviews may not contain obscenities,
- profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
9.5. You further grant TripZeeker
9.6. Content submitted by users will be considered non-confidential and TripZeeker
10. Tickets, Vouchers, Fees and Payment
10.1 Purchase and Use of the Vouchers
- 10.1.1 Through this Website, you may purchase vouchers from TripZeeker for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
- 10.1.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
- 10.1.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither TripZeeker nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.2 Terms of the Vouchers
- 10.2.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.3 Cancelation of Vouchers
- 10.3.1 You may cancel your Voucher by contacting TripZeeker customer service within the cancelation period, as stated at the time of purchase on the Website. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
- 10.3.2 The Operator, not TripZeeker, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
- 10.3.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at the time prior to purchase..
- 10.3.4 If an Event which you have purchased a Voucher for is canceled by the Operator, TripZeeker will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
10.4 Required Assistance
10.5 Additional Charges
- 10.5.1 TripZeeker reserves the right to require payment of fees or charges for any Services offered by TripZeeker. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
10.6 Modifications to Charges
- 10.6.1 TripZeeker reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by TripZeeker following such notification constitutes your acceptance of any new or revised fees or charges.
10.7 TripZeeker’s Rights and Obligations
- 10.7.1 TripZeeker reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at TripZeeker’s sole discretion.
- 10.7.2 TripZeeker intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
- 10.7.3 Whilst the Operats are required to provide TripZeeker with accurate and updated prices of the Services on this Website, TripZeeker cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
11.1 TripZeeker Credits
- 11.1.1 TripZeeker Credits are points that are awarded to you and will be accumulated in your TripZeeker Account until expiry.
- 11.1.2 The TripZeeker’s Credits may be obtained through the following means and the amount of credit received may vary with each purchase and is at the sole discretion of TripZeeker’s:
- (a) Rebates from previous purchases
- (b) Receiving the credit through any authorized means, determined at TripZeeker’s discretion
- (c) Upon submitting the review after successfully completing TripZeeker’s experience you purchased
- 11.1.3 All TripZeeker’s Credit obtained anytime in the first calendar year will be expired on the last day of the next calendar year. Therefore, if you are awarded the credit on October 1st 2017, your credits will be expired and therefore taken away from your account on December 31, 2018. All the credits accumulated to date as at September 25, 2017, regardless of when you obtained the credits and is remained unused will be expired on December 31, 2018.
11.2 TripZeeker Coupons
- 11.2.1 TripZeeker Coupons are coupons with a one-time use that will be sent to your designated email address or applied directly to your TripZeeker Account, which may be used in exchange for discounts off future bookings on the TripZeeker Booking Platform.
12. TripZeeker Referral Program
12.1 The Program
- 12.1.1 On certain TripZeeker Sites, TripZeeker may offer members the chance to earn TripZeeker Coupons, when they invite friends to become members of a TripZeeker Site and those friends make a confirmed booking through an authorized TripZeeker invitation channel (“TripZeeker Authorized Channel”) (e.g. an invitation sent through TripZeeker’s website, Facebook or another social media channel as supported by TripZeeker).
- 12.2.1 You may only earn TripZeeker Coupons via TripZeeker’s authorized member invite mechanisms. Referrals outside of TripZeeker Authorized Channel will not result in any TripZeeker Coupons. You understand that TripZeeker Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
- 12.2.2 You will only receive TripZeeker Coupons for the first confirmed booking made by a friend who makes his or her first booking on the TripZeeker Sites and subsequently completes his or her first booking as a result of an invite from you via a TripZeeker Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive TripZeeker Coupons, and TripZeeker will have no liability to you for your friend’s failure to follow directions.
- 12.2.4 You must not conduct your own promotion in connection with the TripZeeker Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of TripZeeker, including the use of any trademarks of TripZeeker.
- 12.2.6 TripZeeker Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on TripZeeker’s website
- 12.2.7 TripZeeker Referral Program is void where prohibited by law. TripZeeker reserves the right to modify or terminate the TripZeeker Referral Program at any time. Should there be any tax liability for the accumulation and/or use of TripZeeker Coupons, such taxes are the sole responsibility of the participant. You understand that your TripZeeker Account may not accurately reflect the TripZeeker Coupons you have actually earned. TripZeeker will have no liability for any errors displayed in your TripZeeker Account.
14.1 TripZeeker’s Indemnification
14.2 TripZeeker’s Involvement
- 14.2.1 TripZeeker may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of TripZeeker without TripZeeker’s prior written approval. TripZeeker reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
15. Disclaimers and Limitation of Liability
15.1 Parties’ Relationship
- 15.1.1 TripZeeker has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that TripZeeker has no control over, and no duty to take any action regarding:
- (a) Which users gain access to this Website;
- (b) What content you access via this Website;
- (c) What effects the Content may have on you;
- (d) How you may interpret or use the Content; and
- (e) What actions you may take as a result of having been exposed to the Content.
15.2 Services and Comments
- 15.2.1 You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. TripZeeker makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
15.3 Exemption of Liability
- 15.3.1 In no event will TripZeeker, this Website, or any of TripZeeker’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from:
- (a) This Website; or
- (d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or
- (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
- 15.3.2 These limitations and exclusions apply without regard to whether the damages arise from:
- (a) Breach of contract; or
- (b) Breach of warranty; or
- (c) Strict liability; or
- (d) Tort; or
- (e) Negligence; or
- (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
- 15.3.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, TripZeeker makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
- 15.3.7 You acknowledge and agree that you will not hold or seek to hold TripZeeker responsible for the content provided by any Operator or third party and you further acknowledge and agree that TripZeeker is not a party to any transaction in relation to the Services provided by any Operator or third party. TripZeeker has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.
- 15.4.2 In any event, to the fullest extent permissible by the applicable law, TripZeeker’s liability, and the liability of any member of TripZeeker, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the greater of:
- (a) The amount of fees you paid to TripZeeker in the twelve months prior to the action giving rise to liability; or
- (b) Philippine Peso (PHP) 4000.00 in the aggregate for all claims.
16. Interaction with Third Parties
16.1 Links to Third Party Websites
- 16.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by TripZeeker, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by TripZeeker of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
- 16.1.3 TripZeeker has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, TripZeeker will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold TripZeeker harmless from any and all liability arising from your use of any Third Party Website.
- 16.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
- 16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
16.2 TripZeeker’s Responsibility
- 16.2.1 You agree that TripZeeker shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TripZeeker is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release TripZeeker, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
17.1 Termination by TripZeeker
17.2 Effects of Termination
18. Passports, Visas & Insurances
18.1 Your Responsibilities
- 18.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
- 18.1.2 As visa and health requirements are subject to changes without notice, TripZeeker recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
- 18.1.3 TripZeeker strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
19. Governing Law & Jurisdiction
19.1 Governing Law
- jurisdiction of the Philippines court.TripZeeker, Inc acknowledges and agrees that it delegates all contractual responsibility in respect of such Operations to its affiliates.