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.
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.)
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.
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).
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.
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®.
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.
(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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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