Data & Privacy Policy

Your Privacy Matters

TripMemo® has a strong commitment to the protection of your privacy. Our Privacy Policy specifically explains how we deal with the personal data collected from our website users. We have carefully formulated this set of information for your clear understanding of our services, the choices available in the use of your personal information, and how you could access as well as update your data.

The capitalised terms which are not defined in the Privacy Policy can be found as clarified in our Terms of Use. A copy of the same is available at www.tripmemo.com .

TripMemo® suggests you to have a read on the Privacy Policy.

What is TripMemo®?

The affiliated services and the software of TripMemo® by itself belong to two of the registered entities under TripMemo®. They are: (1) TripMemo (UK) Limited, incorporated under the laws of United Kingdom with its registered office at 71-75 Shelton Street, Convent Gardens, London, WC2H 9JQ, United Kingdom and (2) TripMemoTechnologies Pvt LTD which has been established under the laws of Republic of India, with its registered office in Villas7, Golden Dew, Vennala P.O. , Cochin -28, India.

TripMemo® takes its form as both a website (www.tripmemo.com) and mobile applications (iOS and Android). TripMemo® is loaded with user-friendly attributes like creating lists, and our features, i.e. attributes that TripMemo® makes available, such as the ability for users to create/manage lists, posts, bookings, referrals, forums, quotations, itineraries, etc. It also makes the space interesting with Loyalty Points (polo coins), content based on destinations, species and attractions, advertisers' details, videos, raring systems, trips, quotes, tips, wish lists, reviews, photos sourced from users, and smooth widgets that facilitate a systematic and hassle-free user experience.

User Agreement

The user terms and conditions pertaining to the services provided by TripMemo® are contained in the Terms of Use at www.tripmemo.com , as may be amended from time to time. Capitalised terms in our Privacy Policy not herein defined shall contain their explanations in the Terms of Use.

User Consent

The submission of your personal information to our sites and mobile applications  reveals your consent towards the collection, disclosure, and use of those data in accordance with our privacy policy. Our services are offered to individuals above 4 years of age. However, certain facets that are connected to the use of alcohol consumption are allowed only to users above 18 years. Hence, we have imposed age restrictions as per the nature of each feature.

What type of User Data is collected?

Account Information

We receive and process the details you provide to us during your account creation. The following information is collected and processed once you become a user of TripMemo® or TripMemo Go mobile applications: 

• Full Name
• Date of Birth
• Nationality
• Residential Address
• Email address
• City where the Account was created

As applicable as in:

• Social media user name such as in Facebook, Google or Apple id
• Third-party login credentials (Refer ‘Data Received from Third Parties’ below)
• Your language preferences
• Passport or other ID proofs

On processing these personal data, TripMemo® gives you access to its services. TripMemo® processes these personal data to create your account and to allow you to avail the services.

User Data

As you interact with us and use our services, we may collect other data that you directly provide to us as a user, which includes:

• Pictures that you upload to your account
• Destination details like their major sites, species, people, experiences, business, advertisers’ searches, and the like
• Your listing of species seen and/or photographed (or caught, in the case of fishing)
• Cities and destinations visited
• Attractions
• Reviews
• Loyalty Points
• Your travel preferences (e.g. Bird watching, Snorkelling etc.)
• Your likes, comments and suggestions
• People you follow
• Advertisements placed by both TripMemo® members and third-party suppliers, which you have interacted with
• Trips and journals created by you
• Your edits regarding Destination / Location / Sites / Species

TripMemo® processes this data to promote optimisation and the user’s interaction with fellow users or advertisers. The processing is necessary for the legitimate interests pursued by TripMemo® to facilitate content creation and communication between users and advertisers.

Ordering Data

When you order products or services advertised in TripMemo®, you may have to provide personal information necessary to the advertiser or third parties such as payment gateways to complete the transaction, including the details of:

• Credit/Debit card
• ID proof
• Flight
• Shipping
• Billing

TripMemo® shall not be responsible for any such data as you will be directly sending them using third-party service providers. We do not keep the dates of your transactions in our server systems (please refer to Terms of Service agreement for more details). You are expected to note the advertisers' Terms & Conditions and Data & Privacy Policies before you proceed with any such transactions.

Though we do not track or keep your credit card name, number, passwords, or transaction details, we may keep a copy of the required transaction confirmation from the payment gateways for our records and to measure our internal arrangements with such payment gateways or advertisers, if any. 

Location Data

Some features and functionalities in TripMemo® require that you provide your location. This section explains when and how we use your location data.

The information we collect in order to determine your location consists of your location and/or IP address whenever you interact with, or use, our services (e.g. open the app, visit our website, etc.). We use various technologies to determine your location, such as the following:

• Location services from the operating system or browser
• Sensor data from the user’s device (e.g. magnetometer or barometer, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data)
• Other data that may help us understand the precise location of our users

When you Open and Use or Interact with our Apps

If you have your location services turned on whenever you open, use, or interact with our website or apps on your mobile device, we collect and use your location data from the same mobile device to tailor the services with respect to your current location (i.e. we will show your current location or a list of nearby locations and trips). If you have a current trip, we will process and store your location data as part of your trip data, thus making it visible to people who have access to your trip. We will process your location data only with your permission.

When you are Not Directly Interacting with the Apps

If you have background location data turned on by granting us permission through your device's location settings, we shall, from time to time, obtain your device's location even if you are not directly interacting with the apps. Our use of this data depends on whether you have a current trip or not:

• When you have a current trip, your location data is uploaded to our servers and stored as part of your trip data, thus making it visible to people with access to your trip.
• When you do not have a current trip, your location data is used to give you relevant suggestions (e.g. to detect when you start travelling and remind you to create a trip if you do, or to suggest alternative destination(s) based on your travel preferences, and so on).
• Other than in an anonymised, pseudonymised, or aggregated form, your location is never shared with others, except with your consent or as permitted to so or you have published it at your will on TripMemo.
• Each of the locations that are automatically tracked while you have a current trip or that you create manually is saved as part of your trip data. You can delete or edit any of your locations along with another trip fully or partially by using the Edit/ Delete /Add options in our web pages and apps. If you ever decide to delete your account, all your given data will be deleted from our database.

Automatically Generated Information

TripMemo® requires certain information for the services to function properly. For this reason, TripMemo® collects automatically generated information on the use of our services. For example, we receive data:

• relating to how you interact with the services, such as your search terms, the pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, or any written messages to other users or post to the services etc.
• relating to your device, such as your hardware model, operating system, unique ID, browser type, language, and wireless network etc.
• collected by cookies and other technologies, such as cookie ID, advertising ID, or other unique advertising ID, web beacons, local storage, and pixels.
• If you use our apps and have enabled background location services in them, you have permitted us to collect the above data about you in the background even when you do not have the apps open (as permitted by your device settings). You may turn off location services at any time by going to your device settings and toggling off background location. For more information about location, refer to the ‘Location Data’ section above.

TripMemo® requires this information for the service to work as optimally as possible (for example, to display content correctly and to keep the service secure). The processing of these personal data is therefore necessary for the legitimate interests pursued by TripMemo®.

Data Received from Third Parties

We may receive data about you from third parties if they serve us with websites or applications that integrate with our API or analytics services. This data may include but not limited to details about your activity when using the services, or on unaffiliated websites and apps, data received from web browsers or operating systems such as browser types and settings; the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology. For instance, if you created your account using Facebook, we may receive certain information from Facebook, such as your first name, last name, gender, birthday, email address, and your Facebook ID.

We currently use Google Analytics for Display Advertising. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its cookie to track visitor interactions. Website owners can view a variety of reports about how visitors interact with their website so that they can focus on optimising their place on the internet.

To Operate, Maintain and Improve the Services

We may use your data to operate/ maintain the services, and for our better understanding of your preferences so as to tailor the services to you. If you use the services when you are not logged into your TripMemo® account, we may combine the data collected while you were not logged in with your TripMemo® account, once you log in again.

We may also use your data for research and development, to improve the services, or to offer new products, features, and tools. For example, we may redesign the apps to make it easier for you to search for a travel destination, prepare an itinerary, track your trips, or when we move on to new technology platforms. The processing of your data in this context is necessary for the legitimate interests pursued by TripMemo®, namely, to improve the services and to offer new products, features, and tools.

For Profiling

We may also use your data to customize our Apps and Site to provide you with your own special experience. We do this by inferring your interests and preferences, considering your travel preferences and search history, or allowing you to find and add friends who are also using the Apps and Site from your device's contact list. Your Facebook account is also applicable if you have connected it with your TripMemo® account. In these situations, we do not store your contact lists. Based on your travel history and behaviour, we may, for instance, assume that you prefer birding sites instead of snorkelling points and hence, show you more recommendations for birding activities and advertisements of birding related suppliers. The processing of these personal data is necessary for the purposes of the legitimate interests pursued by TripMemo®, namely, to give you recommendations, personalize your experience, and show you advertisements of great relevance to your type of travels and interests.

Crash Data

Additionally, if you give consent to sharing crash data (when the apps crash) with us, we may use that data to analyse the cause of the crash. The processing of these personal data is necessary for the purposes of the legitimate interests pursued by TripMemo®, namely, to secure and improve the service.

To Communicate with You

We may use your data to communicate with you via email, text (only if you opt-in), or through our in-house messaging systems embedded along with your account, to inform you about new product offers, service updates, or anything else we think may be of interest to you. You can opt-out of receiving marketing and promotional communications in your app settings. The processing of these personal data is necessary for the purposes of the legitimate interests pursued by TripMemo®, namely, direct marketing.

For Protection of Our Rights

We may use your data to protect the rights, property or safety of TripMemo®, the services, our users and employees, or any third party. For example, we may use your data if we need to enforce or apply our Terms of Service or Policies. The processing of these personal data is necessary for the purposes of all legitimate interests pursued by TripMemo®.  In the event of a formal request by any statutory authorities from your country of nationality or residence or by any authorities to reveal your account details, transaction details, or any such information related to your engagement with TripMemo®, and that it is morally and legally rightful for TripMemo® to do so, we may share such data with them without serving you any notice or seeking your approval. 

i. Third Party Service Providers

We may share your Personal Information with third-party service providers: a) to render the services that we offer you, b) to conduct quality assurance testing, c) to facilitate the creation of accounts, and d) to provide technical support and/or other services to TripMemo®. These third-party service providers cannot use your personal information other than to provide the services requested by TripMemo®.

ii. Affiliates and Acquisitions

We may share some or all of your Personal Information with our group companies/firms, subsidiaries, joint ventures, or other companies under a common control (Affiliates), in which case we will require our Affiliates to honour this Privacy Policy. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy. You will be notified via email and/or a prominent notice on our site if there comes any change in the ownership or the uses of your personal information, as well as any choices you may have regarding it.

iii. Other Disclosures

Regardless of any choices you make regarding your Personal Information (as described below), TripMemo® may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on TripMemo®; (c) to protect or defend the rights or property of TripMemo® or users of the Services, and (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or the Terms of Use.

Data Available to People with Access to Your Trip

When you create a trip, it includes the search for destination information, activities, advertisers, suppliers, or any services that may help you to carry out your trip on TripMemo®. This trip includes the data created by you and/or collected by TripMemo® from registered members including you. The Trip Data includes your written texts, photos, your past or planned visits to businesses, establishments, destinations, sites, attractions, etc. It also includes your routes, current location, statistics about your trip, social interactions (e.g. likes, comments, or tips) by yourself or other people regarding your trip.

Data Available to People with Access to another User's Trip

If you interact with the trip of another user, people with access to that trip might see your social interactions. If the owner of a trip changes the trip’s privacy level, your social interactions with that trip might become publicly available. You can always remove your social interactions by deleting or undoing them. (Interaction with another user about the trip etc. will normally be voluntary.  By doing this, the user undertakes that the privacy-level of his trip is liable to change based on the alterations in the level of privacy.)

Data Available to Your Followers

Your followers may see your publicly available data (see below), trip data (except ‘Only me’ trips), the lists of your followers, people whom you follow, and travel statistics.

Publicly Available Data

When you use the services, note that certain information is public, such as your name, TripMemo® handle, username, profile photo, hometown, country, travel choices, public trips, your social interaction on public trips of other users such as forums, your number of followers, and the number of people that you follow. These details may be followed, be searchable by search engines, and be disclosed to third parties including our partners and customers.

Data that May Be Shared with Third Party Partners and Service Providers

We may have service providers, vendors, advertisers and contractors to provide or perform services on our behalf. In these cases, we may need to share your personal data with them. When you order a service from a referral site, we will share your trip data and your order data (e.g. your name and address) with our referral partners.

We may place advertisements from our registered members or third-party advertisers in TripMemo® and related mobile sites near to your data, to generate income for TripMemo®. We may use profiling practices mentioned above to display suitable advertisements based on profiles.  Our service providers, advertisers, referral partners, vendors, and contractors will be subject to binding contractual obligations to (i) only process the personal data in accordance with our prior written instructions, and not use them for any other purposes, and (ii) use appropriate measures to protect the confidentiality and integrity of the personal data together with any additional requirements under the applicable law.

When we partner with a business, we may share data with them but only in an aggregate and anonymous form, such as de-identified data about visits to places (which is not tied to individual users). We may also share or disclose aggregated, pseudonymised, and/or anonymous data to third parties, including other TripMemo® Users and developers who use our API or SDK, for analytical purposes.

Your Consent

Except as permitted under the Privacy Policy, we will only share your Personal Data with your consent. For example:

• If you consent or authorise a third-party app to access your TripMemo® account, we may share your data.
• TripMemo® may enter into contracts with partners to offer contests and promotions through our services. For example, we may partner with a brand to have a contest to win a prize, and if you enter the contest, we may share your email address and/or other necessary personal data to the brand, with your consent. In these cases, we will share only the necessary data with our partner.

We may share your data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, similar business transactions, or corporate events.

Consequences of Disclosing Information

Sharing Your Trip Data

People with access to your trip can see all your trip data (as described above). Individuals reading this information may use or disclose it to other individuals or entities without our control and your knowledge. Hence, we recommend you to be careful about including any specific information you may deem private, in trips, comments, plans, tips, or other content that you create during the use of our services.

Sharing Your Trip Real Time with Your Dear Ones

The ‘tag my trip’ (auto blogging) functionality will enable you to share your trip with a limited number of people who can use it to view your trip journal and data. Making someone a virtual traveller (tagging your journal writing tool with any TripMemo® registered user) with you implies that more people than the person you initially shared the link with, may potentially see your trip. This happens when your virtual co-traveller shares a link you sent, to a third person, or if a third person opens the link from the history of a browser which is used by multiple people. It is to be noted that your data can become accessible to people with whom you do not intend to share it.

Sharing Your Current Location

Features such as ‘Tag My Trip’ or real-time Social Media sharing may automatically make your current location available to people with access to your trip. We urge you to think carefully about using the 'Travel Tracker' functionality and to have an eye on the possible consequences of setting the privacy level of a current trip to ‘Real-Time & Everyone,’ which makes your current location visible to the public.

How does TripMemo® protect your personal information?

TripMemo® has proper technical and organisational measures to safeguard your (personal) data against loss or any other form of unlawful processing.

How long does TripMemo® keep your personal information?

TripMemo® will store your personal data as long as necessary to perform the purposes of processing stated. This means that we keep the data at least for the time you make use of our services. We remove all your personal data without any delay once you delete your account.

What Rights do Users have?

Under the European General Data Protection Regulation, the users have a number of rights regarding their personal data and the processing thereof:

• You have the right to gain TripMemo’s confirmation as to whether your personal data is being processed, and where that is the case, the access to your personal data and additional information about its processing.
• If you want to make changes to your personal information and it seems impossible in your account, you may send a request to TripMemo.
• You also have the right to obtain from TripMemo® the erasure of your personal data (right to be forgotten).
• Besides, you may, under certain circumstances, have the right to restrict the processing of your personal data.
• You have the right to object to the processing of personal data which is based on the legitimate interests of TripMemo®. TripMemo® shall no longer process the personal data unless it demonstrates the compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
• When personal data is processed for direct marketing purposes, you always have the right to object the action. In that case, TripMemo® shall no longer process your personal data for such purposes.
• You have the right to receive your personal data which you provided to TripMemo®, in a structured, commonly-used, and machine-readable format and also to transmit those data to another party when the processing is based on your consent or is necessary for the performance of a contract.

You may send your request to TripMemo® at [email protected] TripMemo® shall respond to your request without delay and in any event within 30 days of receipt of the request. This period may be extended by two further months if necessary, considering the complexity and number of requests. TripMemo® shall inform you of any such extension within 30 days of receipt of the request, together with the reasons for the delay.

If no action is taken on your request, TripMemo® shall inform you without delay and at the latest within 30 days of receipt of the request, the reasons for not taking action.  In that case, you also have the right to lodge a complaint with the supervisory authority and to seek a judicial remedy.

Can I Opt-Out?

How to Opt -Out of Marketing/ Promotional Emails and Text Messages

You can opt-out of marketing or promotional messages at any time by adjusting your preferences in the ‘Notification Settings’ tab in the Apps. You may also unsubscribe from “Emails” in the footer of any marketing or promotional email. Please note that you cannot opt-out of the essential service emails or legal notices. By opting out of marketing or promotional emails, you may miss out on many exciting opportunities to earn Polo coins or to participate in various community-building activities.

How to Remove Background Location Sharing?

If you use our Apps and have opted to share your background location with us, you may remove your permission at any time by going to your operating device settings and toggling off background sharing. This may result in a partial or complete halt in the functioning of many features in our websites, apps and tools.

Will there be Changes to this Privacy Policy?

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your personal information, you shall be notified either by an e-mail to the last mail address you provided us and/or by posting a notice of the changes on our site. Any changes to this Privacy Policy will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you, or following the announcement of changes on our site. These changes will be effective immediately for new users of our service. Please note that you are solely responsible for updating your personal information and in providing us with your current e-mail address. If the last e-mail address you provided us is not valid, or for any reason, not capable of delivering to you the notice described above, our dispatch of the e-mail containing the notice will nonetheless take place. The date on which the policy was revised will be indicated at the top of this page.  In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you about the changes. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date that you wish to deactivate your account with us. The continued use of our site or service following the notice of such changes shall indicate your acknowledgement of the changes, and agreement to be bound by the terms and conditions regarding the changes.

If you wish to use our referral service to tell a friend about our site, we would require the person’s name and e-mail address. We will automatically send a one-time e-mail inviting them to visit the site. TripMemo® stores this information for the sole purpose of one-time e-mailing and tracking the progress of our referral program. Your friend may contact us to request that we remove this information from our database.

 You are requested to visit the Data and Privacy Policy page periodically to get updated on changes, if any.

What if I have Queries or Complaints?

All questions regarding the processing of customers’ personal data by TripMemo® may be addressed to [email protected] via email.

©2020 TripMemo Technologies PVT LTD. All rights reserved. 

July 22,2020   

Welcome to TripMemo

Our website (www.TripMemo.com) is linked with its mobile applications, and web and software tools. It includes subscription-based business software services, destination-oriented data, SMS, APIs, wallet functionality, loyalty points (namely Polo Points), and several loyalty programs meant for regular users. Apart from Email, Chat, and Forum correspondence, TripMemo® also supports user and subscriber information of all types.  Messages, referrals, listings, itineraries, wish lists, photos, and videos make an active part of this space. The buttons, site designs, layouts, and widgets used by TripMemo® contribute to an exceptional experience for the users.

• By registering with TripMemo®, you accept our Agreements and thereby state that you have read and understood its terms.

• We recommend you to have a careful reading of the Agreement as it contains information concerning your legal rights and their limitations.
• It also includes a section regarding the applicable laws and jurisdiction on disputes.

Please not that you will not be authorised to avail the services unless you accept our Terms and Conditions.

If you have a TripMemo® account and wish to terminate this Agreement, you can do so at any time by deleting your account, thereby stop having any more access to our services.  (The guidelines for the agreement-termination/account-removal are available here.)

If you have a TripMemo® account and wish to know how we use your data in our services, you may read our Data & Privacy Policy.

Any sort of information, texts, links, graphics, photos, audios, videos, data, codes, maps, reviews, ratings or other materials that you get access to, shall be referred to as ‘Content.’ The usages like ‘We,’ ‘Us,’ ‘Our,’ and ‘TripMemo’ entirely refer to the TripMemo® Group of Companies and specifically to  TripMemo (UK) Limited, a company incorporated under the laws of United Kingdom and TripMemo Technologies PVT Ltd, an enterprise registered under the Indian Corporate Law.

 ‘Services,’ as defined above, refers to those rendered by TripMemo® and the affiliated companies.

The terms ‘You’ or ‘User’ refers to any individual, company, business organisation, or other legal entities using the services of TripMemo® as a guest or registered user. They are also referred to as ‘Account Holder’ or ‘Wallet Holder,’ to whom TripMemo®’s services are provided for free or offered against payments, or advertisers and/or entities contributing content to them.

Any content that you contribute, submit, transmit and/or post by using our services shall be addressedthrough various terms like ‘Content,’ ‘Your Content,’ ‘Content of Yours,’ and/or ‘Content You Submit.’

The term ‘Travel Enablers’ (sometimes known as ‘Subscriber’ or ‘User’) refers to the individual(s), companies, organizations, collectives, or other entities who offer services including, but NOT limited to, Tour Advice/ Guiding, Tour Bookings, Tour Planning, Hotel Bookings, Accommodation Services, Accommodation Management, Rentals, etc. The same terms are also used in reference to anyone who is using our paid or non-paid software tools (i.e. ‘Grasshopper365’) for soliciting business enquiries or managing their daily business.

1. All content, including photos and videos you see as a user, are either currently what that are available in the public domain, published by the owner for public viewing, contributed by the registered users of www.TripMemo.com, by subscribers, or third-party content providers/advertisers.
2. TripMemo® or its affiliates do not take responsibility regarding the authenticity, rightfulness, authority, and legality of any matter that may have legal implications under the jurisdiction where the user or viewer is located. The viewer or the user of TripMemo® is solely responsible for abstaining from such activities that may be illegal under the jurisdiction of that particular place, even if it is legal and practised in other parts of the world.
3. We assist customers in gathering travel information, posting content, and seeking travel-related information contributed by TripMemo® users, subscribers, and suppliers. Note that in interacting or conducting business directly with travel enablers, WE SHALL NEITHER BE A PARTY NOR AN INTERMEDIARY TO ANY SUCH ENGAGEMENTS BETWEEN THE USERS AND THE SUBSCRIBERS OR ADVERTISERS.
4. We support travel, tourism, and hospitality businesses interacting and offering their services to TripMemo® users, travellers, and potential customers, by way of the free and/or paid services provided by TripMemo® and its partner companies.

We may change or otherwise, modify this Agreement in the future in accordance with the terms and conditions herein, and it is to be noted that your continued access or use of the services after such changes indicates your acceptance of the updated or modified Agreement. The date on which the latest revisions made to this Agreement shall be noted at the bottom of this page, and such changes shall be effectuated upon posting.

We shall notify the registered users (referred to as ‘Account Holders’) of our services about the significant changes made to these terms and conditions either by sending a notice regarding the same to the email address linked to their profile and/or by postingthe notice on our website. The users are advised to regularly visit the website to stay updated with the latest version of this Agreement.

USE OF THE SERVICES

As a condition of your use of TripMemo®, you warrant that (i) all information supplied via the services of TripMemo® is true, accurate, current and complete, (ii) you will not only safeguard and supervise your account information but also be solely responsible for any use of your account by anyone other than you, and (iii) you are aged 14 years or older (in some jurisdictions, local laws may have a higher age requirement) while registering your account, using our services, and contributing to our websites.

However, the use of some features in TripMemo’s services may vary in their age restrictions.  For instance, the facilities related to Wine Tours or the download and use of apps, such as Connoisseur Memo, pertains to the consumption of alcohol products. Though 18 years is the minimum age required to access and download such services, it is your sole responsibility to ensure that you do not violate any rules related to alcohol consumption prevalent in your state/country of residence.

On the violation of this Agreement, we retain the right at our sole discretion to deny anyone the access to our services at any time and for any reason.

By using our services, including those products/services that facilitate the sharing of content to or from third-party sites, you take the responsibility of any information, data, photos, or even comments that you may share with TripMemo®. You may access the services solely as intended by their inbuilt functionalities, and as permitted under this Agreement.

Copying, transmitting, reproducing, replicating,redistributing, or posting of (a) content or any portion thereof and/or (b) the services outside the TripMemo® ecosystem is strictly prohibited without the prior written permission of the TripMemo® Management.

In order to access certain features of our services, you need to become an Account Holder by creating an account with us. When you create an account, you must make sure that you provide only the information which is complete, authentic and accurate. It is to be noted that you are solely responsible for any activity that takes place on your account, including your interaction and communication with others. Hence it is vital to safeguard your account. Towards this end, being an Account Holder, you agree to keep your contact information up to date. 

If you create a TripMemo® account for commercial purposes, such as opening a business page in www.TripMemo.com to advertise your business service/venture or registering on Grasshopper365 Software Services, you not only accept this Agreement on behalf of a company, organisation or other legal entity but you also warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words ‘you’ and ‘your’ as used in this Agreement shall refer to such entity, and the individual acting on behalf of the company shall be referred to as a ‘Business Representative.’

During the use of our services, you may encounter and be able to interact with some links to third-party sites and apps. It also makes it possible for you to share content from TripMemo® with such third-party platforms. You should be aware that these sites and apps may publicly display such shared content. It is also possible that they may charge a fee for the use of certain content or services provided by them. Therefore, we advise you to make a thorough inspection before proceeding with any transaction with a third party and determine whether their services are free or not. If TripMemo® provides the details of such fees or charges for third-party content or services, thedata is only meant for the purposes of convenience and information. It is to be noted that all your interactions with third-party interfaces are at your own risk. You are bound to acknowledge and agree with the fact that TripMemo® is in no way responsible or liable for any such third-party sites or apps.

Some of the content you see/ have access to through the services may be used for commercial purposes. You hereby agree that TripMemo® may place advertisements or promotional content on the services close to your as well as others’ content (including video or other dynamic content, before, during, or after its presentation).

ADDITIONAL PRODUCTS

It is the discretion of TripMemo® to change, update, or discontinue any product(s) and/or feature(s) of the services from time to time. TripMemo® is under no obligation to store or maintain the content or other information you provide, except when required by an applicable law.

We also offer other services that may be governed by additional terms or agreements. If you are to avail of any of those services, the additional terms of that agreement will be added as a part of the present one upon the user’s signing, except for when those additional terms clearly exclude or supersede the terms of this Agreement. For instance, if you use or purchase additional services for commercial or business purposes, you must accept the concerned additional terms. In case they come into conflict with the current statements in this Agreement, the former shall govern the latter, with respect to the specific services.

PROHIBITED ACTIVITIES

The content and information available in TripMemo’s services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, codes, or other material) as well as the infrastructure used to provide such content and information, are licensed to TripMemo® by third parties. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any remaining content which you do not own (any information, software, products, or services obtained from or through the services). In addition to this, you agree NOT to:

(i) Use the services or content for any commercial purpose, other than those which are explicitly permitted under this Agreement and related guidelines as formulated by TripMemo®.

(ii) Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or exploit any content of the services, including user-profiles and photos, by the use of any robot, spider, scraper, other automated sources or by any manual process for any purpose which is not in accordance with this Agreement or without our special written permission.

(iii) Violate the restrictions in any robot exclusion headers on the services or other measures employed to prevent or limit access to the services.

(iv) Take any action that may impose an unreasonable or disproportionately large load on our infrastructure.

(v) Create hyperlinks on any portion of the services for any purpose without our special written permission.

(vi) Incorporate any of our services into other websites or services without our prior written authorisation.

(vii) Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse-engineer any of the software programs used by TripMemo® in connection with the services.

(viii) Circumvent, disable, or otherwise interfere with security-related features that prevent/restrict the use or copying of any content.

(ix) Download any content unless they are made available for download byTripMemo®.

PRIVACY POLICY AND DISCLOSURES

Any personal information you post or submit in connection with the services shall be used as per our Privacy Policy. Click here to view our Privacy Policy.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS - LICENCE GRANT

The following is a significant condition in your agreement with TripMemo®. By providing your content (including those transmitted to your TripMemo® account by virtue of any TripMemo®-owned company, its apps,  product/service, reviews, questions, photographs or videos, comments, suggestions, ideas, or the likes gained by your content) through the services via email, any TripMemo®-synchronisation product, the services and applications of others, or otherwise, via Grasshopper365 Software, you grant TripMemo®, its companies, and products/services, the nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:

(a) Host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform your content throughout the world in any media, now known or hereafter devised.

(b) Make your content available to the rest of the world and to let others do the same.

(c) To provide, promote, improve, or make commercial benefit to TripMemo®, and also to share your content posted on the services to other companies, organisations or individuals for their syndication, broadcast, distribution, promotion, or publication on other media and services subject to our Privacy Policy and this Agreement.

(d) Use the name and/or trademark that you submit in connection with your content.

You accept that TripMemo® may choose to provide the attribution of your content at our discretion. Further, you grant TripMemo® the right to pursue any person or entity at law, on violating the rights of yours or TripMemo’s in your content by a breach of this Agreement. You acknowledge and agree that your content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents, and permissions (granted to TripMemo as well) to publish or use your content as authorised under this Agreement.

If it is determined that you retain moral rights (including rights of attribution or integrity) in your content, you hereby declare, as permitted by applicable law, that:

(a) You do not require that any personally identifying information be used in connection with the content, any derivative works, upgrades, or updates thereto.

(b) You have no objection to the publication, use, modification, deletion, and exploitation of your content by the TripMemo® companies or their licensees, successors, and assignees.

(c) You waive and agree not to claim or assert any entitlement to the moral rights of any author in any of your content.

(d) You release TripMemo®, their licensees, successors, and assignees from any claims that you could otherwise assert against TripMemo® by virtue of any such moral rights.

Any feedback or suggestion you provide may be used at any time, and note that we are under no obligation to keep them confidential.

Our services may include and contain timelines, discussion forums, bulletin boards, review services, travel feeds, or other forums in which you may post your content, including your reviews of travel experiences, messages, materials, or other aspects.

If TripMemo® provides such interactive areas on the websites, you are solely responsible for your actions and the consequent responses. TripMemo® does not guarantee any confidentiality on any of the content you provide to the services or the interactive areas.  If the companies or products/services of TripMemo® provide any form of a private communication channel between the Account Holders, you agree that those entities may monitor the substance of such communication in order to safeguard our community and the services. TripMemo® and its products do not edit or control the users’ messages posted or distributed through the services, including those in any of the chat rooms, forums, messaging systems, listing apps, bulletin boards, or other communication forums, and will not be in any way responsible or liable for such messages. In particular, TripMemo® does not edit or control the users’ content that appears on the websites. TripMemo® and its products, however, reserve the right to remove without notice, any such message or content from the Services, if they breach this Agreement or if their removal is reasonably necessary to safeguard the rights of TripMemo®, its products/services, and/or their users. In case of a disagreement with the removal of your content from the websites, you are advised to contact TripMemo® via the Help Centre to make your objections.  On using our interactive areas, you agree to submit only the content which complies with TripMemo’s published guidelines, which are in force at the time of submission, as provided for your reference by TripMemo®. You agree not to post, upload, transmit, distribute, store, create, or otherwise publish any content which:

• Is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates the harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• Is patently offensive to the online community, promoting racism, bigotry, hatred, or physical harm of any kind against any group or individual.
• Would constitute, encourage, promote, or provide instructions to carry out illegal activities, criminal offenses, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including the regulations of the Indian Law, US Law, UK Law, or any rules of the sovereign authorities where our servers, banking systems,or company assets are located.
• Provides instructional information about illegal activities, such as the manufacturing or purchase of illegal weapons and violation of someone’s privacy (even through creating computer viruses).
• May infringe any patent, trademark, trade secret, copyright, or other intellectual orproprietary rights of any party. It includes content that promotes illegal or unauthorised copying of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or their links.
• Constitutes mass mailings/spamming/junk mail/chain letters/pyramid schemes.
• Impersonates any person or misrepresents your affiliation with a person or entity, including TripMemo’s companies and products.
• Carries any private information of a third party, including addresses, phone numbers, email addresses, passport numbers, and details on physical conditions, medical conditions, National Insurance numbers, or credit card numbers, etc.  Note that an individual’s surname (family name) may be posted to our websites only after securing the permission of the identified individual.
• Contains restricted or password-required-for-access pages, hidden pages, or images (those not linked to or from another accessible page).
• Intends to facilitate viruses, corrupted data or other harmful, disruptive, and destructive files.
• Is unrelated to the topic discussed in the interactive area(s).

TripMemo® takes no responsibility and assumes no liability for any content posted, stored, transmitted, or uploaded to the services by you (in the case of your content) or any third party (even extended to general content), or for any loss or damage thereto. TripMemo® or its companies are never liable for any mistake, defamation, slander, libel, omission, falsehood, obscenity, pornography, or profanity that you may encounter. As a provider of interactive services, TripMemo® is not liable for any statements, representations, or any other content provided by its users on the websites or any other forum. Also,TripMemo® has no obligations to screen, edit, or monitor any of the content posted or distributed through any interactive area. TripMemo® reserves the right, and has absolute discretion, to remove, screen, translate, or edit without notice, any content posted or stored on the services at any time and for any reason. It also has the right to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any content you post. You can otherwise submit them to us or store them within the services at your own expense.

Any use of the interactive areas or other aspects of the services in violation of the foregoing disobeys the terms of this Agreement and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas completely, without any prior warning.

 

On posting your content to the TripMemo® Sites and Services, the licence you grant us in your content shall be open to a nonexclusive, royalty-free, transferable, sublicensable, and worldwide licence to host, use, distribute, modify, run, reproduce, publicly display or perform, translate, and create derivative works from, for the purposes of displaying them on the services, as well as for using your name and/or trademark in connection with that content. Subject to Paragraph 6 below, the Restricted Licence applies to any of your content (other than text-based reviews and associated bubble ratings) which you or another person on your behalf (e.g. a third party that contributes to or otherwise, manages your account) makes available on or in connection with the Services.

TripMemo® will not use your content (including sponsored content) in advertisements for the products and services of third parties without your separate consent, although you agree and understand that TripMemo® may place advertisings and promotions on the services alongside, near, or otherwise, in close proximity to your content (including video or other dynamic content, before, during, or after its presentation), as well as that of others.  Wherever your content is displayed on the services, we shall provide attribution by using the name and/or trademark that you submit in connection with your content.  

TripMemo® does not grant third parties the right to publish your content beyond TripMemo® and its affiliated services. However, sharing your content on the services (except for the ‘Wish list’ feature which can be made private by changing your account type as ‘Private’ ) shall result in your content being made public and we will enable a feature that allows other users to share (by way of embedding that public post or otherwise) such content of yours (except those trips that you configure to be private) to third-party services, and we will enable search engines to make that public content visible through their services. TripMemo® shall not be liable for any incident related to this.

For the sake of clarity, the content you submit to the services in connection with TripMemo® and its services/programmes is not subject to any licences, unless in an unlikely event where such a request is made by the user, and TripMemo® agrees to such a demand due to the exclusivity or commercial/branding benefit(s) (ofTripMemo®) of that content.

SEEKING SERVICES OR BOOKING WITH THIRD-PARTY SUPPLIERS / ADVERTISERS (Travel Enablers) featured in TRIPMEMO®

1.   TripMemo® offers you the ability to search for, select, and book travel reservations with advertisers and third-party suppliers without leaving the services. All such third parties or travel enablers are registered users of TripMemo®. However, they also might have entered into additional but separate agreements for the paid services used within the TripMemo® network.

2.   By requesting a quote, itinerary, information, booking a service, or any interaction regarding such matters via the websites from an advertiser, you accept the practices described in our Privacy Policy and this Agreement. Besides, you warrant, either in your capacity as an individual or a Business Representative, that you are 18 years of age or older, possess the legal authority to enter into this Agreement and use the services (including the TripMemo® and Grasshopper365 booking facilitation services) in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use the TripMemo® and Grasshopper365 interactive business or booking facilitation services only to make legitimate enquiries or reservations for you or others for whom you are legally authorised to act. Any false or fraudulent enquiry, request, or reservation is prohibited, and any user who attempts such actions may have his or her account terminated and he/she/they will be liable to the travel enablers for the losses incurred due to his/her/their actions.

AS A USER OF THE SERVICES, INCLUDING TRIPMEMO® COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT:

(1)   TRIPMEMO® WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY ENQUIRIES OR TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT.

(2) THE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO TRIPMEMO®, ITS CORPORATE AFFILIATES, AND/OR OTHERS.

(3) TRIPMEMO® IS NOT AN INTERMEDIARY IN ANY SUCH TRANSACTIONS AND YOU SHALL BE SOLELY RESPONSIBLE FOR ALL FINANCIAL OR NON-FINANCIAL IMPLICATIONS OF ANY TRANSACTIONS OR COMMITMENTS  YOU HAVE ENTERED INTO, WITH ANY USERS OF TRIPMEMO® OR TRAVEL ENABLERS, SUCH AS GUIDES, TRAVEL COMPANIES, ACCOMMODATIONS, CONSULTANTS, RENTAL COMPANIES OR WITH ANY OTHER INDIVIDUALS, INDIVIDUAL COLLECTIVES, ADVERTISERS, OR BUSINESS ENTITIES WHO USE OUR PRODUCTS, SERVICES, OR SOFTWARE TOOL NAMED AS ‘GRASSHOPPER365365’ WHICH IS DESIGNED TO FUNCTION AS A BUSINESS LEAD GENERATOR/BUSINESS MANAGEMENT TOOL.

When you use our platform to interact with advertisers worldwide who have showcased their business and services on TripMemo®, and you make your payments directly to those marketers whomyou carefully select, it is to be noted that such advertisers are also registered members of TripMemo® and are equallybound by this agreement. However, they may have additional agreements with TripMemo’s companies for the tools and softwarethat they may use to offer business services in our platforms. We may collect your payment information that is directly transmitted to the supplier through TripMemo® in order to complete the transaction, as described in our Privacy Policy. Please note that the supplier (not TripMemo®) is responsible for requesting, receiving, processing, storing, and confirming your payment and thereby fulfilling your reservation and their offers.

TripMemo® shall not interfere with any communication or reservation arrangements between you and travel enablers arbitrarily. However, we reserve the right to withdraw booking facilitation services because of certain extenuating circumstances, like in the case of an advertiser who stopped using our software or tools, such as Grasshopper365 or that he/they/she/ has violated the terms of services for using TripMemo® and its products, including Grasshopper365.

 

TripMemo® also reserves the right to take steps to verify your identity before processing your use of the services or reservation request.

In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to the arrival or transfer of part or full payment, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation or even to claim compensation as per the terms of services you have agreed to, on interacting with that particular advertiser. TripMemo® shall not be responsible for any such incidents or shall not mediate any settlement between you and the advertiser.

TripMemo® is NOT a travel agency, OTA, intermediary, or an agent for the users of TripMemo® services. Hence, we do not provide or own travel guides, consultancies, transportation means, accommodations, restaurants, rental services, tours, activities, or experiences in any form, directly or indirectly.

Although TripMemo® displays information about properties owned by advertisers or third-party suppliers, and facilitates interactions or reservations with certain suppliers via TripMemo® or its affiliated websites, such actions do not in any way imply, suggest, or constitute TripMemo’s sponsorship or approval of third-party suppliers, or any affiliation between TripMemo® and third-party suppliers. Although the account holders may rate and review the various transportation guiding, tour services, accommodations, restaurants, tours, activities, or experiences based on their views, TripMemo® does not endorse or recommend those products/services of any third-party suppliers, except that we issue certain businesses awards based on the reviews posted by these account holders. TripMemo® does not endorse any content (ratings, opinions, or recommendations) posted, submitted, or otherwise provided by any user or business. TripMemo® companies disclaim all liabilities in connection with such content. TripMemo® is not responsible for the accuracy or completeness of the information obtained from third-party suppliers to be displayed on the services.

If you book a service or reservation with an advertiser in TripMemo® or a third-party supplier, you also agree to review and stay bound by the advertiser/supplier’s terms and conditions of purchase, website-use, privacy policy, and all rules or policies related to their site or property. Your interactions with the advertisers/third-party suppliers are at your own risk. TripMemo® shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any third-party suppliers or for even any personal injuries, death, property-damages, or expenses resulting from your interactions with them.

The services may contain links to the websites of suppliers or others that TripMemo® does not operate or control.

TripMemo® or its corporate affiliates are not parties to Guiding, Tour Management, Tour Booking, Accommodation Services, Travel Consultancy, Holiday Rental Transactions, Restaurant Reservations, etc. between travellers and the advertisers/suppliers. We are neither a part of any dispute or conflict involving an actual or potential transaction between you and an advertiser/supplier, or even regarding the quality, condition(s), safety or legality of a listed Tour Guide, Tour Management, Items Rental, Holiday Rental, Restaurant, Experience, or any travel enabling services and the accuracy of the listing content, the advertiser’s ability to conduct a tour, quality of services, conditions of your engagement and safety with the advertiser, and other terms and conditions. These are solely the responsibility of each user and advertiser.

Some ofTripMemo’s corporate affiliates, including the international payment gateways, may act as a limited agent to the advertiser/supplier, solely for the purpose of transmitting your payment. You agree to pay any specified fee(s) charged by the advertiser/ supplier for any of their service or experience. The payment is to be made either to the advertiser/supplier or a TripMemo® Corporate Affiliate acting as the limited payment collection agent on behalf of the advertiser/supplier. You shall read, understand, and agree with the terms, conditions, and privacy policy of such corporate affiliates before engaging with them and also understand and agree that TripMemo® is NOT and SHALL NOT BE responsible for any such transaction. You or your organisation shall be solely responsible for the outcomes of any nature/type, including data and financial lossfrom such transactions if any.

USER-RESPONSIBITIES DURING THE TRAVEL

When you book a service of our advertisers or plan a trip using the services, you are responsible for ensuring that you meet all local/foreign entry requirements and that your travel documents, including IDs/passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. As the requirements may change at any time, be sure to check for updated information before booking and departure. TripMemo® accepts no liability for travellers who have been denied the entry onto a flight or any other means of transportation to any country because the traveller failed to carry the necessary travel documents required by any airline, transportation company, authority, or country, including the countries which the traveller may be passing through en route to his/her/their destination.

Before you travel abroad, it is also your responsibility to consult a physician for current recommendations on inoculations to ensure that you meet all health requirements and to follow all medical guidance related to your trip.

Although most of the trips, including those to international destinations, are completed without mishaps or other unfortunate incidents, it is to be noted that certain destinations, however, may involve higher risks than the others. TripMemo® urges all travellers to investigate and review the travel prohibitions, warnings, announcements, and advisories issued by their governments and the destination country’s governments prior to booking the travel to international destinations. For example, information on conditions in various countries and the level of risk associated while travelling to certain international destinations is provided by the United States Government.

BY LISTING THE RELEVANT INFORMATION FOR THE TRAVEL TO CERTAIN INTERNATIONAL DESTINATIONS, TRIPMEMO® DOES NOT REPRESENT OR WARRANT THAT TRAVELLING TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK. TRIPMEMO® IS NOT LIABLE FOR THE DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVELLING TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS TRIPMEMO’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, YOU CAN CONSULT A LAWYER FOR BETTER CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING THOSE IN RESERVATION-AVAILABILITY AND PRICING. TRIPMEMO® DOES NOT GUARANTEE THE ACCURACY OF AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DETAILS PROVIDED FOR ACCOMMODATION, SERVICES, EXPERIENCES, AIR, CRUISE, RESTAURANT, OR ANY OTHER TRAVEL PRODUCTS DISPLAYED BY THE ADVERTISERS/SUPPLIERS  (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS, RATINGS, EXPERIENCES, SPECIES, ETC.). BESIDES, TRIPMEMO® EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY OR PRICING ERRORS ON THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

TRIPMEMO® MAKES NO REPRESENTATION OF ANY KIND ABOUT THE SUITABILITY OF SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE INCLUSION OF ANY PRODUCT/SERVICE OFFERED ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS/SERVICES BY TRIPMEMO®, NOTWITHSTANDING ANY AWARD DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED AS SUCH WITHOUT A WARRANTY OF ANY KIND. TRIPMEMO® DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS, OR ANY DATA (INCLUDING EMAIL) SENT FROM TRIPMEMO®, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, TRIPMEMO® HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCT, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR TERMS OF ANY KIND AS IN MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, AND NON-INFRINGEMENT.

TRIPMEMO® ALSO DISCLAIMS ANY WARRANTY, REPRESENTATION, OR THE TERMS OF ANY KIND TO THE ACCURACY OR PROPRIETARY NATURE OF THE CONTENT AVAILABLE THROUGH THE SERVICES.

THE ADVERTISERS AND/OR THIRD-PARTY SUPPLIERS PROVIDING GUIDING, ORGANISED TOURS, ACCOMMODATIONS, FLIGHT, RENTALS, EXPERIENCES, RESTAURANTS, CRUISE INFORMATION, OR TRAVEL FACILITIES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRIPMEMO® COMPANIES. TRIPMEMO® IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, EXPENSES, OR OTHER DAMAGES RESULTING THEREFROM. TRIPMEMO® HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL TRIPMEMO®  (OR THEIR OFFICERS, DIRECTORS, AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES; OR DAMAGES, INCLUDING LOSSES OF INCOME, PROFITS, GOODWILL, DATA, HEALTH, CONTRACTS, USE OF MONEY, DEATH OR OTHER DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO A BUSINESS INTERRUPTION OF ANY TYPE, LINKED TO YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OF THE SERVICES (INCLUDING YOUR RELIANCE UPON THE REVIEWS AND OPINIONS APPEARING ON THE SERVICES), OR TO ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY TRIPMEMO® COMPANIES’ SYNCHRONISATION PRODUCT), PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY PERSONAL/FINANCIAL INFORMATION STORED THEREIN. TRIPMEMO® IS NOT LIABLE FOR ANY ERRORS/OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF TRIPMEMO® OR ITS CORPORATE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

If TripMemo® is found liable for any loss or damage that arises out of or is in any way connected with your use of the services, the liability will in no event exceed, in the aggregate, the greater of (a) the fee paid to TripMemo® Companies for the transaction(s) on or through the services giving rise to the claim, or (b) ten US Dollars (US $10.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have been failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the TripMemo® Companies.

THESE TERMS AND CONDITIONS ALONG WITH THE FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT THE MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE, UNDER THE CONSUMER PROTECTION LAWS PREVALENT IN CERTAIN COUNTRIES.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, IT WILL NOT BE CONSIDERED APPLICABLE. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.

INDEMNIFICATION

You agree to defend and indemnify TripMemo® and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, costs, or other expenses of any nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(i) Your breach of this Agreement or the documents referenced herein

(ii) Your violation of any law or the rights of a third party

(iii) Your use of the services, including the websites of TripMemo® Companies

LINKS TO THIRD-PARTY SITES

The services may contain hyperlinks to websites operated by parties other than the TripMemo® Companies. Such hyperlinks are provided only for your reference. The TripMemo® Companies do not control such websites and are not responsible for their content, privacy policies, or their other practices. Further, it is up to you to take precautions to ensure that any link you visit or software you download (whether from this or any other website) is free of such items as Viruses, Worms, Trojan Horses, defects, or other items of destructive nature. The inclusion of hyperlinks to such websites by TripMemo® does not imply any endorsement of the material on such third-party websites/apps or any association with their operators.

In some cases, you may be asked by a third-party site or app to link your TripMemo® account to your account on another third-party site. This decision is solely up to you, and even if you choose to do so, it is possible to disable such linking at any time. If you link your TripMemo® account to a third-party site or app, the latter will be able to access the information you have stored in the former, including information regarding other users with whom you share them. You should read the terms, conditions, and privacy policy of the third-party sites and apps that you visit, as they might have specific rules and permissions about how they use your information (that may differ from the services, including our websites). We encourage you to review these third-party/apps and to use them at your own risk.

SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES

The software from the services is further subject to Indian and UK laws and regulations. No software from the services may be downloaded or otherwise exported or re-exported to any individuals, organisations, or entities without the written permission of TripMemo®.

As noted above, the services include software, which at times may be referred to as ‘Apps.’  Any software that is made available to download from the services is the copyrighted work of TripMemo® or another party as identified. Your use of such software is governed by the terms of the end-user licence agreement, if any, which accompanies or is included with the software. You may not install or use any software that is accompanied by or includes a licence agreement unless you initially agree to the terms of such licence agreement. For any software made available for download by way of the services and which is not accompanied by a licence agreement, we hereby grant to you, the user, a limited, personal, non-transferable licence to use the software for viewing and otherwise using the services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.

Please note that the software, including, without limitation, all HTML, XML, codes, and Active X controls contained in the services and business logic, is owned or licensed by TripMemo®, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Parts of the TripMemo® mobile software may use copyrighted material, as acknowledged by TripMemo®. Besides, there are specific terms that apply to the use of certain TripMemo® mobile applications.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS STRICTLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).

COPYRIGHT AND TRADEMARK NOTICES

TripMemo’s logo, symbols, writing styles and all other product/service names or slogans displayed on the services are registered and/or common law trademarks of TripMemo® Technologies Pvt Ltd and/or its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of TripMemo® or the applicable trademark holder. In addition, the look and feel of the services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to the same, is the service mark, trademark and/or trade dress of TripMemo® and may not be copied, imitated or used, in whole or in part, without the prior written permission of TripMemo®. All other trademarks, registered trademarks, product/company names or logos mentioned in the services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by TripMemo®.

All rights reserved. TripMemo® is not responsible for content on websites operated by parties other than TripMemo®.

Notice and Take-Down Policy for Illegal Content

TripMemo® operates on a ‘notice and takedown’ basis. If you have any complaints or objections to the content, including photos, videos, and user messages posted on the services, or if you believe that such material or content posted on the services infringes a copyright that you hold, please contact us immediately by following our notice-and-takedown procedure. Once this procedure has been followed, TripMemo® will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.

MODIFICATIONS TO THE SERVICES; TERMINATION

TripMemo® may change, add, or delete the terms and conditions of this Agreement or any portion thereof, from time to time in our sole discretion where we deem it necessary for legal, general regulatory and technical purposes or due to changes in the services provided or their nature/layout. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.

The TripMemo® Companies may change, suspend, or discontinue any aspect of the services at any time, including the availability of any of the services’ features, databases, or content. TripMemo® may also impose limits or otherwise restrict your access to all or parts of the services without notice or liability, for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where TripMemo® and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where TripMemo® and/or its corporate affiliates decide to discontinue providing any aspect of the services.

YOUR CONTINUED USE OF THE SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES INDICATES YOUR ACCEPTANCE OF SUCH MODIFICATIONS.

TripMemo® may terminate this Agreement with you at any time, without advance notice, when it believes in good faith that you have breached this Agreement or believes that termination is reasonably necessary to safeguard the rights of TripMemo® Companies and/or others users of the services, or when we can no longer be a party to this agreement. This implies that we may stop providing our services to you.

JURISDICTION AND GOVERNING LAW

This website is owned and controlled by TripMemo® Technologies PVT LTD Limited Liability Company. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of India and the UK. You hereby give consent to the exclusive jurisdiction and venue of courts in Cochin, Kerala, India and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the services by you or any third party. You agree that all claims you may have against TripMemo® arising from or relating to the services must be heard and resolved in a court of competent subject matter jurisdiction located in Cochin, Kerala, India. The use of services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, in this paragraph. Nothing in this clause shall limit the right of TripMemo® to take proceedings against you in any other court(s) of competent jurisdiction. The foregoing shall not apply to the extent that the applicable law in your country of residence requires application of another law and/or jurisdiction – in particular, if you are using the services as a consumer – and this cannot be excluded by contract and will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.

GENERAL PROVISIONS

We reserve the right to reclaim any username, account name, nickname, handle, or any other user identifier for any reason without liability to you.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and TripMemo® and/or its corporate affiliates as a result of this Agreement or the use of its services.

Our performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental/legal requests or requirements relating to your use of the services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable laws, you agree to bring any claim or cause of action arising from or relating to your access or use of the services within two months from the date on which such a claim or action arose or accrued. Otherwise, such a claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to any applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed as superseded by a valid, enforceable provision that most closely matches the intent of the original and the remaining provisions in this Agreement to be continued in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TripMemo® with respect to the services. It supersedes all prior or contemporaneous communications and proposals made via electronic, oral, or written means between you and TripMemo® concerning the services. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and also be subject to the same conditions as other business documents and records are originally generated and maintained in printed form.

The websites and/or apps on which the services are accessed may not always be updated on a periodic or regular basis and hence, are not required to register as an editorial product under any relevant law.

Fictitious names of companies, products, people, characters, and/or data mentioned in or through the services do not intend to represent any real individual, company, product, or event.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that TripMemo’s corporate affiliates shall be deemed third-party beneficiaries of this Agreement.

You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.

Any rights not expressly granted herein are reserved.

SERVICE HELP

For answers to your questions or other queries, please visit our website. You can otherwise write to us at:

TripMemo( UK) Limited

71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom

OR

TripMemo Technologies Pvt Ltd

7, Golden Dew Villas, Vennala P.O, Cochin 682028, India

Please note that TripMemo® does not accept legal notices or services of legal process by any means other than hard copy posts delivered to the above-mentioned address without delay. In order to avoid confusion or vagueness, we do not accept notices or legal services deposited upon any of our affiliates or subsidiaries.

©2020TripMemo Technologies PVT LTD. All rights reserved.

27 July 2020