Terms of Use
In order to use the TRIPP mobile application, website, and other electronic services made available to you associated with the service, you must agree these Terms of Use (“Terms of Use”). The mobile application, website, and other electronic service this document refers to, shall collectively be called the “Application”herein. By proceeding to use the Application, you unequivocally confirm that you have agreed to these Terms of Use.
TRIPP Holding Ltd.(a company registered in UAE at Al Danah Square, Building 537, Abu Dhabi) and/or its affiliates and subsidiaries (“we,” “us,” “our”) and customers (“EndUser” or “you”) may be referred to throughout these Terms of Use individually as a “Party” and collectively as the “Parties”.
Tripp may, subject to the provisions of this paragraph, amend the Terms of Use in its sole discretion at any time. The most recent version of the Terms of Use will be available on Tripp's website (dated). It is your responsibility to periodically check the Terms ofUse and you further agree to be bound by any such amendments to the Agreement upon such notification. Your continued use of the application constituted agreement to any amended terms.
Definitions
Customer: refers to you, a customer and member of the Tripp community.
Customer Data: means all identifiable information about you generated or collected by Tripp or the Merchant where it involves purchasers using the Tripp application, including, but not limited to, name, date of birth, email addresses, phone numbers, preferences and tendencies, and financial transaction data.
Merchant Service: means the goods and/or services to be provided by the Merchant to the customer.
Loyalty Program / Rewards Program: used interchangeably and means the policy devised and implemented by theMerchant to sufficiently reward loyal customers, and those who have been recommended to the Merchant by the Tripp community.
Point of Sale: means at the point where a customer is asked to pay the Merchant for the service and/or product, and includes electronic payment or cash payment, whether online or in person. Services: the services provided by the Merchant which may include food and beverages service; adventure day or experience; tourism; spa treatment etc, together with any other services from time to time offered by the Merchant and which the Merchant, by express written notice to thePrincipal, includes within the scope of this agreement.
1. Applicability
1.1 These Terms of Use are in addition to any other agreement(s) between you and TRIPP. In the event of conflict between these Terms of Use and such agreement(s), the other agreement(s) will take precedence.
1.2 These Terms of Use apply at all times whilst you are a registered user of the services provided, and you agree to be bound by the terms for the duration of your agreement.
2. Acceptance of Terms of Use
2.1 TRIPP operates the Application. By using the Application, any service provided through the Application, or installing mobile or touch versions that allow access to content or services provided through the Application, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time.
2.2 If you do not agree to these Terms of Use, you should immediately stop using the Application and do not use any TRIPP service offered through the Application (or its website etc). You may also wish to deactivate your account in these circumstances.
3. Permitted Use
3.1 The Application provides information on prospective and current Merchant partners which may include restaurants, cafes, hotels, experience days etc, which another TRIPP user has recommended.
3.2 By using the Application you will be entitled to rewards and discounts in accordance with the respective Loyalty Program decided by the Merchant.
3.3 As a condition of your use of the Application, you agree that:
(a) you are an individual person at least 18 years of age, and thereby you possess the authority to create a binding legal obligation;
(b) your use of the Application will at all times comply with these Terms of Use;
(c) you must safeguard your password and supervise the use of your account, and understand and agree that you are liable for the misuse or unauthorized use of your account;
(d) you submit accurate, true, current and complete information to TRIPP;
(e) you submit honest and true comments of your experience, when leaving reviews and recommendations of places you have visited whilst using the Application.
4. Availability of the Application
4.1 You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Application accessible for your use, the Application may be unavailable from time to time for any reason including, without limitation, routine maintenance, a force major event, as a result of the Merchant. You understand and acknowledge that due to circumstances both within and outside of our control, your Application access may be interrupted, suspended or terminated. TRIPP retains the right at our sole discretion to deny service, or access to the Application to anyone or an account, at any time and for any reason.
4.2 For any issues regarding continued disruption or interruption you should contact Tripp's customer services department in the first instance.
5. Ownership of the Application
5.1 The content, information and images used on the Application (“Content”)as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Application.
6. Transmission of information
6.1 Tripp does not control the security of the internet, wi-fi, or other networks you use to access the Application or communicate with us, therefore we are not responsible for the security of information that you choose to communicate with TRIPP and the Application while it is being transmitted.
6.2 TRIPP is not liable for any data lost during transmission.
6.3 Tripp is not liable for any viruses or malware which may have transferred to you whilst using the Application. You agree to always keep virus scanning software up to date.
7. Your conduct
7.1 As Tripp relies on the community of its users, all interactions on the TRIPP Application must be lawful and must comply with these Terms ofUse.
7.2 You should refrain from using any defamatory words, any profanity, rude or offensive words or images whilst using the Application.
7.3 To the extent your conduct (as judged by us in our sole discretion),restricts or inhibits any other users from using or enjoying any part of the TRIPP Application, we may limit or revoke your privileges on the Application and seek other remedies where appropriate.
7.4 In addition, you are specifically prohibited from any of the following types of conduct whilst using the Application. If your conduct amounts to any of the following, this will be deemed to be a serious express violation of these Terms of Use whereby Tripp reserves the right to immediately revoke your access to the Application:
i. Attempting to access or accessing data (including personal data of customers and sensitive commercial data) not intended to be received or distributed by you;
ii. Submitting any purposely inaccurate information, committing fraud, or falsifying information;
iii. Attempting to scan, or test the security or configuration of the TRIPP Applications or to breach security or authentication measures without proper authorization;
iv. Tampering or interfering with the proper functioning of any part, page or area of the TRIPP Applications;
v. Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Application, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or“crashing” the TRIPP Applications;
vi. Using the TRIPP Applications or any of their contents to advertise or solicit, for any other commercial purpose, or to compete, directly or indirectly with TRIPP;
vii. Reselling, repurposing or transferring your access to the TRIPP Applications;
viii. Using the TRIPP Applications or any of its resources to solicit (cold-call) TRIPP customers, merchants or other business partners of TRIPP to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with TRIPP.
ix. using any TRIPP customer or merchant information that is not your information from the TRIPP Applications for any commercial purpose, including, but not limited to, marketing;
x. taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers;
xi. acting illegally or maliciously against the business interests or reputation of TRIPP, our other merchants or our services.
8. Amended terms of use
8.1 We reserve the right at all times to discontinue or modify any part of these Terms of Use. The most recent version of the Terms of Use will be available on Tripp’s website. Tripp shall use its best endeavour's to notify you of any updated Terms of Use by sending an e-mail to the e-mail address used to register an account. You unequivocally agree that this notification method constitutes adequate notice to inform you of any amendments to the Agreement and further agree to be bound by any such amendments to the Agreement upon such notification, regardless of whether you have actually read the updatedAgreement – delivery of the notice constitutes valid notice and it is your responsibility to ensure you are aware of the updated terms.
8.2 Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Application or Website.
8.3 Your use of the Application after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Application including, but not limited to, requirements for access or use.
9. Intellectual property
9.1 All intellectual property including copyright, image rights, content rights, trademarks and patents, in the TRIPP Applications is the exclusive property of TRIPP or its parent company or its subsidiaries.
9.2 Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying of the Application or any portions or areas of the TRIPP Application without the express written permission of TRIPP is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties and revocation of your membership to Tripp.
9.3 You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
9.4 By submitting any material to any public area of the TRIPP Applications, such as content or images, you warrant that as the owner of such material or that the owner has expressly granted TRIPP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User’s personal use (all customers will be subject to the same Terms of Use). You also grant TRIPP the right to edit, copy, publish and distribute any material that you make available on the TRIPP Applications.
10. Disclaimer
10.1 Your use of the Application is at your sole risk. Neither TRIPP, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Application will be uninterrupted or error free and Tripp accepts no liabilities in this regard whatsoever.
10.2 No warranties are made regarding the accuracy, completeness, reliability or content of any information (including, but not limited to, product descriptions), service, products or vouchers provided through the Application.
10.3 The Application and all content, statements (as defined below) and other information contained on the Application, and products and services accessible or available through the Application are made accessible or available on an “as is” and “as available” basis
10.4 TRIPP hereby disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the Application or the content, statements or other information contained on the Application, or the products or services accessible or available through the Application, including, but not limited to those of title non infringement, merchantability, and fitness for a particular purpose.
11. Limitation of liability
11.1 In no event shall TRIPP, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates nor any of their respective employees agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for:
(a) loss of revenue;
(b) loss of actual or anticipated profits;
(c) loss of contracts;
(d) loss of the use of money;
(e) loss of anticipated savings;
(f) loss of business;
(g) loss of opportunity;
(h) loss of goodwill;
(i) loss of reputation;
(j) loss of, damage to, or corruption of data; and
(k) indirect or consequential losses, whether those losses are foreseeable, known, foreseen or otherwise, arising out of or related to your use of the Application, the content, statements and other information contained therein, the products or services accessible though the TRIPP Applications or these Terms of Use
11.2 TRIPP’s total liability to you or any third party under these Terms of Use shall in no circumstances exceed, in aggregate, a sum equal to aed 100.
11.3 The limitation of liability above also has effect in relation to any liability arising because of the invalidity or unenforceability of any terms of these Terms of Use.
11.4 Nothing in these Terms of Use shall exclude or limit TRIPP’s liability for any liability which cannot be excluded or limited by applicable law.
12. Communications and Marketing
12.1 TRIPP may allow you to use the Application to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the TRIPP Applications from time to time (collectively “Communities”).
12.2 TRIPP shall have the right to monitor the content within theCommunities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by TRIPP, as well as to satisfy any applicable law, regulation or authorized government request.Without limiting the foregoing, TRIPP shall have the right to remove any material from the Communities that TRIPP, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable.
12.3 Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to theCommunities (collectively, “Statements”), are those of the respective author(s)or distributor(s) and not of TRIPP and TRIPP accepts no liability in respect of the same.
12.4 You agree that we may use your contact information to provide you with the information about our services or offers from time to time. You also consent to us using and sharing your contact information to make, and allow others on our behalf to make, unsolicited marketing calls and send you post a land electronic communications (e.g., emails) with information about TRIPP’s and our business partner’s products, promotions and/or services that we think may be of interest to you. We may also use your contact information to confirm your identity, solicit your views on our services, develop new offers and promotions, and for market research. We always reserve the right to disclose contact information and personal data in order to:
(a) comply with applicable laws;
(b) respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
(c) comply with a valid legal process or procedure; or
(d) protect our rights or property, this Website, and/or other users of this Website.
12.5 Tripp will never sell or rent your contact details or personal information to anyone else for their marketing purposes without your consent.
13. Websites of others
13.1 The Application may contain links to websites maintained by other parties not affiliated with TRIPP. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites and Tripp accepts no responsibility for the third party sites.
13.2 TRIPP expressly disclaims any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.If you decide to access websites maintained by other parties, you do so at your own risk.
Public nature of your statements
14.1 You understand and agree that all Statements you make on the Application site are in the public domain, and not private. Any other person (whether or not a user of TRIPP’s services) may read your Statements without your knowledge. Please do not include any Personal Information in your Statements.
14.2 TRIPP does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning theStatements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our TRIPP Applications are not confidential.
License grant
15.1 By posting Statements or other information on or through the Communities, you grant TRIPP a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display theStatements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
16. Indemnification/Release
16.1 You agree to defend, indemnify and hold harmless TRIPP, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates and the irrespective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services provided by you in connection with the TRIPP Applications, your Statements, or any use of the Application in violation of these Terms ofUse.
16.2 You are solely responsible for your interactions with other users of the TRIPP Applications. To the extent permitted under applicable laws, you hereby release TRIPP from any and all claims or liability related to any product or service you make or offer to End Users, your Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a TRIPP, and any conduct or speech, whether online or offline, of any other user or merchant.
17. Governing law
17.1 This Agreement (and all non-contractual relationships between you and us)shall be governed by and construed in accordance with UAE law and both parties hereby submit to the exclusive jurisdiction of the UAE courts.
