TERMS OF USE


This web page represents a legal document that serves as the Terms of Use for the website, www.TripOnGo.com and any associated mobile application, owned and operated by TripOnGo Inc.


Capitalized terms, unless otherwise defined, have the meaning specified within the definitions section below. This Terms of Use, along with the Privacy Policy and other posted guidelines within the website, constitute the entire and only agreement between TripOnGo Inc. and its clients, and supersedes all other agreements, representations, warranties and understandings with respect to the website and the subject matter contained herein. The company reserves the right to amend Legal Terms at any time without notifying the costumer. However, the latest copies of the Legal Terms will always be posted on the website, and the client is responsible to review them prior to using the website.


By using the website the client agrees to the Legal Terms and any revisions made to it. Therefore, it is important for the client to periodically review them. If at any point the client disagrees with the Legal Terms, they should discontinue accessing the website.




DEFINITIONS


A “member” is an individual who has registered with the TripOnGo website to use its features.


A 'customer' is any 'member' who purchases goods/services from 'providers.'


A 'visitor' is an individual who merely browses the website.


A “provider” is a registered member of TripOnGo website team, who offer tours, activities, and other travel-related goods and services to the general public and has registered with our Website to offer their goods/services.


A 'profile' is the information provided about themselves by any member or customer, and about themselves and their business by a provider.


A 'user' identifies any individual who is either a member or a visitor.


All text, information, graphics, audio, video, and data offered through the website, be it a free or paid feature of the website, collectively forms the website's 'content.' The information provided by members, whether in their profile or in other posts, is referred to as 'member content.' Whenever any content is referred to in the website, it is referred by reference.





LIMITED LICENSE


TripOnGo grants its visitors and members a non-exclusive, non-transferable, revocable license to access and use the website, strictly in accordance with its Legal Terms. The website can only be used for the purposes provided herein.




RELATIONSHIP BETWEEN TRIPONGO AND ITS VISITORS/MEMBERS


TripOnGo does NOT enter into any other relationship with its visitors/members, other than that of an independent contractor. The Legal Terms do not in any way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between the customers and TripOnGo, other users on its website, or its affiliates.




LEGAL COMPLIANCE


The member agrees to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding their use of TripOnGo website. The Company reserves the right to investigate complaints or reported violations of its Legal Terms and to take any action it deems appropriate, including but not limited to cancelling a member's account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to member's profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under the Company's Privacy Policy.




ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP


You may view some of the content without becoming a Member of TripOnGo website. However, to use the website's services, an individual will have to register and become a member. The membership is not transferable or assignable and is void where prohibited. The member has to certify that they are at least eighteen years of age or older. If they are between the ages of thirteen to eighteen, they have to certify that they have their parent’s/guardian's permission to join the website and become a member. An individual under thirteen years of age should avoid accessing the website.


Any registration by any member in contravention of the above limitations is unauthorized, unlicensed and in violation of the Company's Legal Terms. The user agrees to abide by all the terms and conditions of the Company's Legal Terms. TripOnGo has the sole right and discretion to determine whether to accept or reject a member. The website does not owe any explanation to any individual over their rejection.


To become a member, a user will need to create a username and password, that will allow them to access the website. They agree to maintain the confidentiality of their password and are fully responsible for all liability, damage, and activity resulting from their failure to do so. They also agree to immediately notify the Company of any authorized use of their password or breach of security regarding their account or information. They agree that TripOnGo shall not be liable for any loss or damage arising from their failure to comply with password security as discussed herein.





INFORMATION FROM CHILDREN


TripOnGo does not knowingly solicit, collect or retain information from any individual under the age of thirteen.




PROVIDERS AND SALES OF GOODS/SERVICES


When a user registers as a provider, they certify that they are a legitimate tour/travel-related business, that they are either the owner or authorized representative of that business, and that they have the right to register their business with TripOnGo.


A provider can upload information about their business, including address, phone, hours of operations, and other such relevant information. By uploading this information, they warrant to TripOnGo that such information is true to the best of their knowledge and is not in any way malicious, libellous, or otherwise illegal for them to transmit to TripOnGo.


TripOnGo's website offers providers the platform and opportunity to sell their products and services through its Website. This service is strictly a convenience to the website's members and in no way means that TripOnGo endorses a specific provider, guarantees their products/services, or that TripOnGo participates in any way in the sale of such products/services. Any purchase of products/services that a member may make through the website is strictly between the provider and member. By using the website either as a provider or a member, the individual agrees that at all times, they will look to the other for any issues/information related to the sale of products/services including, but not limited to costs, scope of services, product features, payment terms, late/non-payment issues, delivery dates, shipping information, refunds, exchanges, and warranties.


A provider will not correspond with a member outside TripOnGo's website and agrees that if a member corresponds with them outside the website, they will not abide by such requests. If a member/provider is found to be failing to comply by this rule, TripOnGo reserves the right to terminate their profile at its sole discretion with no notice to the member/provider.




MEMBER CONTENT


Any information uploaded to TriOnGo's website is considered member content. By uploading member content, the member warrants to TripOnGo that they have the legal right to the information whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated text and/or images. They are solely responsible for ensuring that they do not infringe the rights of any third party in such member content, and are responsible for any legal damages caused by their transmission, use, or display of their member content.


The member also understands that their member content may contain material that another member on the website may find offensive, indecent, or objectionable. TripOnGo website in no way controls member content, and does not in any way guarantee the quality, accuracy or integrity of member content. The website is also not responsible to monitor or filter any member content. Should any member content be found illegal, the Company will submit all necessary information to the proper authorities.


In case a member's content is reported to TripOnGo as a violation of third party right (i.e. copyrights), or as offensive or inappropriate, TripOnGo may ask the member to retract or otherwise modify the questionable content within 24 hours. Should a member fail to comply with such a request, or should the Company otherwise deems it necessary, it has the sole discretion to remove the offensive member content, restrict the member's ability to post further content, or to immediately terminate the member's account without issuing any notice.


You acknowledge that TripOnGo is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content. You should always maintain your own backup copies of Member Content.


TripOnGo does not make any ownership claims to any member content other than as noted within its Legal Terms. However, by uploading member content, the members grant TripOnGo a perpetual, world-wide, royalty-free, irrevocable license to use, display, and redistribute the member content in any form it sees fit.




DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE


If an individual believes that their work has been copied on the TripOnGo website, or any of its other systems or networks, please provide the following information to the Company for a receipt of claimed infringement (to ensure that the notification complies with the requirement of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)):



TripOnGo will only respond to those notices that substantially comply with the above requirements. The Company will investigate the claim and will notify the plaintiff by the method of contact they used to file their notice with the Company.




MEMBER CONDUCT


A member agrees to not use TripOnGo website for any of the following purposes:













INTELLECTUAL PROPERTY


TripOnGo website may contain the Company's trademarks as well as those of its providers, its affiliates, and other companies, in the form of words, graphics, and logos. A member's use of the website does not constitute any right or license for them to use such trademarks, without the prior written permission of the corresponding trademark owner. The website is also protected under international copyrights. The copying, redistribution, use or publication by a member, of any portion of the TripOnGo website is strictly prohibited. The member's use of the website does not grant the member ownership rights of any kind in the website content or the website. As mentioned, the website does not claim ownership of any member's content, but by providing it to the website, the member does not receive any other rights in the website content other than what belongs to the member already.




LINKING TO TRIPONGO WEBSITE


The members may provide links to TripOnGo's website, provided (a) that they do not remove or obscure, by framing or otherwise, any portion of the website, (b) the website does not engage in illegal or immoral activities, and (c) they discontinue providing links to the website immediately upon request by the Company.




LINKS TO OTHER WEBSITES


TripOnGo website may contain links to Third-Party Websites. These links are provided solely as a convenience to the users. By linking to these Third-Party Websites, the Company does not create, builds an affiliation with, or sponsor such Third-Party Websites. The inclusion of links within the website does not constitute any endorsement, guarantee, warranty, or recommendation of such Third-Party Websites. TripOnGo has no control over the legal documents and privacy practices of Third-Party Websites; as such, the members access any such Third-Party Websites at their own risk.




WARRANTY DISCLAIMER


TripOnGo reserves the right to change any and all content and features of its website, at any time without notice. The website may be temporarily unavailable from time to time for maintenance or other reasons. TripOnGo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, member content. TripOnGo is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, website, failure of email, or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or website, related to or resulting from using, uploading, or downloading materials in connection with the Company's website. Under no circumstances will TripOnGo be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of the website, or for any interactions between users of the website, whether online or offline.


TRIPONGO WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TRIPONGO, INCLUDING ALL ITS AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE, OTHER THAN AS SPECIFIED IN ITS LEGAL TERMS. TRIPONGO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF ITS WEBSITE. TRIPONGO DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, USERS SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO TRIPONGO WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, USERS UNDERSTAND AND AGREE THAT THEY USE THE WEBSITE AT THEIR OWN RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR THE USE THEREOF AND ANY DAMAGES TO THE USER, THEIR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. TRIPONGO, AS WELL AS ALL OF ITS AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN USERS AND TRIPONGO. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USERS FROM THE COMPANY THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN ITS LEGAL TERMS.


LIMITATION OF LIABILITY


TripOnGo, as well as all its affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the website; (b) the unavailability or interruption of the website; (c) members use of the website; or (d) any delay or failure in performance of the website.


TRIPONGO AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRIPONGO AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO THE USERS WITH REGARDS TO THE WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.


IN NO EVENT WILL TRIPONGO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM THE USE OF ITS WEBSITE, EVEN IF TRIPONGO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRIPONGO’S LIABILITY TO ITS USERS FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE USER CEASING USE OF THE WEBSITE.




FEES


If at some point a member pay to use the TripOnGo website, they represent and warrant that when they make any payments to TripOnGo for such use:



All purchases and reservations made on TripOnGo are final and non-refundable. In the event of a cancelation or request for modification of the reservation, TripOnGo and the service providers are not obliged to honour such requests and the entire amount paid is forfeited by the customer.


Refunds, if any, are provided at the sole discretion of TripOnGo and the service providers.


USE OF INFORMATION


TripOnGo reserves the right, and the users authorize us, to the use and assign of all of their profile and usage information regarding TripOnGo website in any manner consistent with the Company's Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by the users to the Company (collectively, “Submission”) are considered as the Company's property. To the extent that such Submission contains copyrighted, either owned by the user or licensed to the user, the user grants TripOnGo a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as it sees fit, in any form whether on its website or elsewhere. The Company will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in its services or other operations. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The Company will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to the user or any other person sending the Submission. The user acknowledges that they are responsible for whatever material they submit, and they, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.




INDEMNIFICATION


The user agrees to indemnify, defend and hold harmless TripOnGo and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers, attorneys, advertisers, and affiliates, from any liability, loss, claim and expense, including


Termination of the Member's Account


The member acknowledges that if they violate the terms of the Company's Legal Terms, TripOnGo reserves the right to terminate their account without notice. The member may also voluntarily terminate their account. The member understands that if their account is terminated, they will lose access to the website and any member content that they provided. The members understand that the Company is not required to provide them with copies of such member content nor continue to maintain copies of such member content on its website.


Arbitration


Any legal controversy or legal claim arising out of or relating to TripOnGo's Legal Terms and/or its website, excluding legal action taken by the Company to collect or recover damages for, or obtain any injunction relating to intellectual property infringement, shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the Unites Arab Emirates Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before an arbitrator selected by the Unites Arab Emirates Arbitration Association in Dubai, U.A.E. The judgment of such arbitrator on award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within state and federal courts of the State of Dubai as necessary to protect the rights or property of the user and the Company pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of such arbitration fees and reasonable attorney fees.


Promotions


TripOnGo and its partners may, from time to time, choose to run certain marketing promotions. These promotions may be made available to some or all memberss at the discretion of the company.


Promotion code: If a member has a valid promotion code, they may use it during checkout to avail the necessary offer. The promotion discount, if applicable, will be deducted directly from the final price payable. Promotions are governed by the terms and conditions of individual offers and TripOnGo reserves the right to cancel any orders that are found to be violating these terms. Customers who repeatedly abuse promotion terms may, at the discretion of the company, find their accounts blocked and unable to reserve on the TripOnGo platform any further.


TripOnGo Credits can be earned on completing eligible purchases, successfully referring a new customer or completing other eligible activity for earning such credits as determined by TripOnGo. TripOnGo Credits can be applied to any future reservation up to the full amount of the order. TripOnGo Credits cannot be paid out in cash or used to pay for an existing reservation. If a customer cancels the original reservation, they received credits for, the associated TripOnGo Credits will be reversed as well. TripOnGo Credits automatically expire 12 months after they are credited to a member's account. No refund is provided for any expired or unused credits.


General Terms


For TripOnGo Inc. legal terms shall be treated as though it were executed and performed in Dubai, UAE, without regard to conflict of law principles. In addition, the users agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by a user with respect to TripOnGo website, must be instituted within one year after the cause of action arose or be forever waived and barred. Should any part of the Company's Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in the website conflicts or is inconsistent with the Legal Terms, the Company's Legal Terms shall take precedence. The Company's failure to enforce any provision of its Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of TripOnGo under its Legal Terms shall survive the termination of its Legal Terms.


TripOnGo. is a contracting party to TripOnGo. and the Legal Terms shall be treated as though it were executed and performed in United Arab Emirates and shall be governed by and construed in accordance with the laws of the United Arab Emirates.