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Terms & Conditions

Last update: June 2019

Welcome to TripJunction!

The website located at www.tripjunction.com (the “Site”) is operated by TripJunction Global Limited (“TripJunction”, “We”, “Our”, and “Us”), subject to these Terms of Use (the "Terms") as amended from time to time and to our Privacy Policy. By accessing to the Site, you agree to be bound by the Terms and our Privacy Policy. If you do not agree with the Terms or our Privacy Policy, you must not access nor use the Site.

Please read through all the Terms carefully as they constitute a legally binding agreement between you and Us.

Please note that we reserve the right, to amend the Terms at our sole discretion, without any prior notice. TripJunction does not directly operate, sell, resell, provide or manage any local experiences or activities. Furthermore, TripJunction is not a party to any agreement entered into between Guests and Guides, nor is TripJunction an agent, insurer or representative of either side. Consequently, the use of Experience services provided by the Guides are at the sole responsibility of the Guests, and the providing of Experiences to the Guests are at the sole responsibility of the Guides.

By making a reservation through TripJunction, Guests and Guides enter into a direct contractual relationship. From the point at which Guests make a reservation, TripJunction acts solely as an intermediary between Guests and Guides. TripJunction is not a party to any agreement between Guests and Guides and is not liable for any (attributable) failure to perform or other damages arising out of this relationship.

1. About the Service

TripJunction is an online marketplace, matching travelers seeking outstanding local experiences in travel destinations ("Guest" or “Guests”) and locals who offer authentic local experiences, tours and activities ("Guide" or “Guides”), based on shared interests and languages. Through our Site, Guests can book various local experiences, tours and activities ("Experience" or “Experiences”) offered by Guides. The service also enables Guides to manage their Experience offers, calendars and bookings.

Both Guests and Guides may create profile that provides personal information (the "Profile"), and liaise with each other through the Site. (All the above shall be hereinafter defined as the "Service/s") Guests and Guides are hereinafter referred to individually as "You" or "User", and collectively as "Users".

2. Access and Registration

2.1 You may only use the Service if You are at least 18 years old. By accessing the Services you represent that you are at least 18 years old, and agree to provide accurate, current and complete information about yourself as required and to maintain it accurate, current and complete.

In order to use certain features of the Site, you may need to register for a user account (“Account”) and provide certain information about yourself as indicated in the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions described on the Site and in accordance with our Privacy Policy.

2.2 Your account is personal and you cannot transfer it to a third party. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account (e.g. not share your password with anyone). You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.3 We reserve the right to suspend or terminate your Account at our sole discretion and for any reason. For the avoidance of any doubt, if you or anyone using your Account violate the Terms or any applicable law or regulation, We shall close your Account immediately. Furthermore, if TripJunction determines You fall under any of the following, We may terminate such User’s Account;
(1)If the User gave any untruthful information during its registration;
(2)If the User is a person whose Account was revoked in the past;
(4)If the User is a member of an organized crime group or other anti-social force;
(5)If TripJunction determines that the User is likely to violate the Terms, or that the User has engaged in conduct that violates any laws; or
(6)If TripJunction otherwise determines that registration of the User is not appropriate.

3. Our Content and your Use of the Site

3.1 License. Subject to these Terms, We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. As a Guide you are granted as well a license for limited, commercial use subject to these Terms.

3.2 The User is responsible for any necessary equipment to use the Service, including, without limitation, a personal computer, a mobile phone, communication equipment, operation systems, other communication means and electricity, etc. at User's expense and responsibility.

3.3 Restrictions. The rights granted to the User in these Terms are subject to the following restrictions:
(a) the User shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site (subject to these Terms), whether in whole or in part, or any content displayed on the Site;
(b) the User shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
(e) You shall not harvest, collect or mine information about users of the Site;
(f) You shall not use or access another user’s account or password;
(g) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained and published on all copies made and/or displayed.
(h) “Stalk” or harass any other user of any of the Site or the Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Guide);
(j) Recruit or otherwise solicit any User to join a third-party service or website, without TripJunction’s prior written approval;
(k) Circumvent TripJunction’s legitimate commercial interests by participating in a transaction related to Experiences independent of the Site and the Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the TripJunction brand in any way;

3.4 Modification. TripJunction reserves the right, at any time, to modify, suspend, or discontinue the Site and/or the Services (in whole or in part) without notice. You agree that we will not be liable to You nor to any third party for any modification, suspension, or discontinuation of the Site and/or the Services, in whole or in part.

3.5 No Support or Maintenance. Although we will try our best, there is always a possibility that some information you provide could get lost due to data corruption, hardware failure, network issues, problems with hosting, actions by 3rd parties or other technical reasons. Similarly, it is possible that some of the Services could become unavailable or slow at times. You agree not to hold TripJunction liable or responsible for any interruption of Service or loss of data, and you acknowledge that we made you no guarantees about Service availability or data durability.

3.6 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by TripJunction and its licensors. Neither these Terms (nor your access to the Site) transfers to You or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section ‎3.1. TripJunction reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.

4. User Content

4.1 You shall be solely responsible for the content You submit through the Services (“User Content”). You expressly agree that your use of the Services and any of your User Content will not: (1) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use or received appropriate legal consent to use; or (3) be otherwise inappropriate or unlawful. You also warrant that, you are the exclusive holder of all rights in the User Content provided by You and You acknowledge and agree that any User Content provided by You is non-confidential and non-proprietary.

By providing us with personal information you hereby warrant and represent that: (i) such personal information is yours, meaning you are the Controller of the personal information; (ii) you have the legal right to provide us such personal information; (iii) to the extent the personal information was obtained from a third party including your Users, it was lawfully obtained in compliance with all applicable laws; (iv) you have a lawful basis for processing such personal information and if such lawful basis is consent – consent was freely given, specific, informed and unambiguous; (v) the personal information is complete, accurate and true; and (vi) the personal information may be stored in our database(s), anywhere in the world, and to the extent required by applicable law you will make the appropriate registrations with the competent registrar of databases including in relation to our status as “Holder” of a Database, if applicable.

4.2 License to TripJunction. You hereby grant (and you represent and warrant that you have the right to grant) to TripJunction an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

4.3 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate measure against You in our sole discretion. Such review may lead us to remove or amend your User Content, and/or deleting your Account, and/or accessing the Site, and/or reporting you to law enforcement authorities.

4.4 Feedback. If you provide us with any feedback or suggestions regarding the Site (the “Feedback”), you hereby assign to us all rights in such Feedback and grant us the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

5 Guides’ Rights and Obligations

5.1 Guides are solely responsible for the Experiences. TripJunction is not involved in the provision of the services related to Experiences. TripJunction’s responsibilities are limited to publish Experiences on the Site. Guides are responsible for furnishing all materials necessary to host their Experiences, and also that such materials are in good working order and compliant with all relevant laws.

5.2 Guides are responsible for (i) complying with all applicable laws and regulations; (ii) obtaining any required licenses related to their Experience (s); and (iii) ensuring that publishing their Experience(s) on the Site will not breach any contractual obligation.

5.3 Guides shall post an introduction about themselves and information on the Experiences provided by them on the Site according to the Site’s instructions and policies.

5.4 Guides shall make reasonable efforts to respond as promptly as possible to any User inquiries or booking request.

The Guide should approve your booking request within 48 hours from the booking, if the Experience is scheduled more than 96 hours after the booking. If the Experience is scheduled within the next 96 hours from the booking, the Guide has to approve the booking within half the duration between the booking time and the Experience start time (for Example, if the Experience starting time is 48 hours after the booking, the Guide needs to approve the booking within 24 hours). If the Guide does not confirm the booking in due time, the booking request is automatically declined.

5.5 Guides determine the Experience plans and their prices on their own responsibility.

5.6 Guides shall not delegate their Experience (in whole or in part) to a third party including other Guides, unless TripJunction provides its prior written consent.

5.7 Guides shall not circumvent TripJunction by providing Experiences outside of the Service, to Guests they met through the Site.

5.8 In the case of breach of Sections 5.6 or 5.7, the Guide shall pay to TripJunction as penalty two times the highest amount charged by the Guide per Guest multiplied by the number of Guests who were supposed to have participated in the Experience. Such penalty shall not be TripJunction's sole remedy and TripJunction's right to take legal action before a court of law remains unaffected.

5.9 Guides shall not engage in the following when using the Service: having a third party (including other Guides) serve as substitutes in the Experience, without prior written consent by TripJunction.

5.10 The Guide shall not change the cancellation policy or any other conditions regarding the Experience specified in the Terms and Conditions or set forth by TripJunction, without TripJunction’s prior consent.

5.11 In the event of a force majeure (meaning all reasons the Guide cannot reasonably control, including fire, storm, flood, earthquake, war, acts of terrorism and all other natural disasters), the Guide must communicate with the User, and must make all reasonable efforts to reschedule the Experience. If the User agrees to reschedule the Experience (including all conditions such as date and time, price etc.), the Guide will promptly notify TripJunction of the details. (If the revised price is lower than the original price, TripJunction will refund the difference to the User.) If the Guide and User are unable to agree on rescheduling after such efforts, the Guide can cancel the Experience without penalty; provided, however, the Guide shall notify TripJunction immediately regarding such cancellation. The User hereby acknowledges the Guide's cancellation right set forth in this Section. If there is a dispute between the Guide and User regarding the existence of a force majeure, the parties agree to comply with TripJunction’s judgment.

5.12 Guides shall obtain appropriate insurance for their Experiences. Guides are responsible for reviewing any applicable insurance policy carefully, and in particular make sure that he/she is familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not his/her insurance policy will cover the actions or inactions of Guests while participating in your Experience.

5.13 We strongly recommend to both Guides and Guests to have an insurance covering the activity provided and performed during the relevant Experience. TripJunction does not provide any insurance, and cannot be held responsible in any way for ensuring either Guide or Guest's safety.

6. Payments

6.1 Payments must be made through the Site, according to the payment methods provided by TripJunction. Unless the parties expressly agree otherwise, you shall provide your payment information upon booking an Experience. You will only be charged if your booking request is duly approved in accordance with section 5.4 above. TripJunction will not transfer any payment to the Guide prior to the provision of the Experience.

6.2 TripJunction facilitates payments between Guests and Guides by utilizing Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing using the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TripJunction enabling payment processing services through Stripe, you agree to provide TripJunction accurate and complete information about you and your business, and you authorize TripJunction to share it and transaction information related to your use of the payment processing services provided by Stripe.

6.3 TripJunction may retain a commission as agreed on with any Guide (for your information such commission will be paid by the Guide) on payment made through the Site. Any payment to a Guide shall be made by Tripjunction through Stripe, upon Guide's request on the Site, as soon as the Guide Net Revenue (as hereafter defined) will amount to more than 10,000 JPY (then thousand Japanese Yen), to the financial institution account in the name of the Guide that the relevant Guide notified TripJunction of, at the exchange rate for the payment currency less necessary fees such as bank charges (the "Guide Net Revenue").

6.4 Taxes: Guides shall ensure that all payment amounts set forth herein shall be inclusive of all applicable taxes, including VAT or sales, use or excise taxes. Guides shall be responsible for all taxes and government charges on amounts received by them through the Site, and TripJunction shall not have any responsibility in respect thereof. You shall not withhold or deduct any amounts from payments made hereunder, except as required by applicable law or regulation. If you are required by applicable law or regulation to withhold or deduct any amounts from payments made hereunder, you shall make payment of additional amounts, as required to ensure that the recipient hereunder of any payments shall receive the full amount due as if no such withholding or deduction was made. TripJunction will not make payment of any interest on amounts retained by TripJunction prior to payment to a user according to these Terms.

7. Cancellation

7.1 Cancellation Policy: Guests will only be charged if the applicable Guide approves the request for booking in accordance with the relevant duration as determined in accordance with section 5.4 hereof. Guests may cancel any booking subject to the cancellation policies below (“Cancellation Policy”); If the cancellation is made at least 168 hours (7 days) prior to the scheduled date/time of the Experience, the Guest shall not be charged. If the cancellation is made between 168 hours and up to 72 hours prior to the date of the Experience, the Guest shall be charged 50% of the Experience fee. If the cancellation is made within 72 hours prior to the date/time of the Experience, the Guest is charged full fee of the Experience. The Guest shall not be charged if he cancels the Experience before the Guide approves the request for booking in accordance with the relevant duration as determined in accordance with section 5.4 hereof.

7.2 Transaction Fee: upon cancellation by a Guest of any booking, at any time, a transaction fee may be withheld from any amount refunded to the Guest except if such Guest has paid by credit card, in accordance with Stripe Services Agreement.

7.3 Cancellation by Guides

a) Guides shall make their best efforts to perform any services related to any Experience confirmed in accordance with section 5.4 hereof ("Confirmed Experience"). However whether the Guides have to cancel any Confirmed Experience, they will be able to do so by immediately notifying the Guests and TripJunction, and providing the reason for cancellation.
b) Whether a Guide cancels a Confirmed Experience, TripJunction shall refund the Guest the full amount of the Experience Fees, and no payment will be made to the Guide.
c) The Guide shall cooperate in good faith with Tripjunction and make its best efforts to find reasonable alternatives to any Cancelled Experience.
d) If TripJunction determines that a Guide cancelled any Confirmed Experience for no good reason, such Guide shall pay to TripJunction as penalty two times the highest amount charged by the Guide per Guest multiplied by the number of Guest who were supposed to have participated in the Experience. Such penalty shall not be TripJunction's sole remedy and TripJunction's right to take legal action before a court of law remains unaffected.
e) If a Guide cancels any booked Experience for no valid reason, TripJunction may revoke such Guide’s Account.
f) Notwithstanding the stipulations of the foregoing paragraphs, if TripJunction determines that provision of Experiences is infeasible due to force majeure events, weather or other unavoidable circumstances, cancellation requested by a Guide will be approved. In this case, as in Paragraph (b), TripJunction shall refund the Guest the full amount of the Experience subject to such cancellation.

7.4 TripJunction cannot and does not take any responsibility or liability in respect of the actions, errors or omissions of any users. TripJunction will make efforts to investigate the background or history of any Guests or Guides. Notwithstanding the foregoing, TripJunction is not generally affiliated with any Guide or Guest and, as such, cannot take responsibility for the actions or omissions of any Guide or Guest. AS SUCH, YOUR INTERACTION WITH ANY OTHER USER, INCLUDING, WITHOUT LIMITATION, DURING COMMUNICATIONS, MEETINGS, AGREEMENTS OR OTHER DEALINGS, INCLUDING IN THE CONTEXT OF PROVIDING OR RECEIVING ANY INFORMATION OR SERVICE, OR NEGOTIATING TERMS FOR THE SAME, IS AT YOUR OWN RISK.

8. Indemnification

8.1 You shall indemnify and save harmless TripJunction and its directors, officers, employees, representatives and agents (“Related Parties“) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages“) asserted against, imposed upon or incurred by TripJunction or any of its Related Parties resulting from or arising out of any breach of these Terms by you or arising and related to your use of the Services.

8.2 Third-Party Links & Ads. The Site may contain links to third-party websites and/or services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of TripJunction, and we are not responsible for them. TripJunction provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

8.3 Other Users and No Endorsement. Each User is solely responsible for any and all of its own User Content. TripJunction does not endorse any Guides, Users, or offers and/or services listed or advertised on the Site. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site Users are solely between you and such Users and it is your own responsibility to check the accuracy and truthfulness of that User's information. You agree that TripJunction will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site User, we are under no obligation to become involved, but reserve the right to should we chose.

8.4 Release. You hereby release and discharge TripJunction (and our officers, employees, agents, successors, and assigns) from, and hereby waive, any claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

8.5 Social Sharing Features. Our services may integrate with third party social applications and/or services (the "Social Apps") and other related tools which let you share information and actions that you take on our Site by use of the Social Apps, and vice versa (for example, an action you take on our Site may be published on Facebook if your account has been set-up this way). Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the Social Apps and our Site. Please check the privacy policies of those Social Apps for more information about how they handle the data you share through them.

9. Disclaimers

The Site is provided on an “as-is” and “as-available” basis, and TripJunction (including any management members, board members, employees, suppliers, etc.) expressly disclaim any and all warranties and conditions of any king, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. TripJunction does not guarantee the quality, suitability, reliability, conduct, safety or ability of Guides and/or Users, and/or the interactions with them. You agree that the entire risk arising out of use of the Services, and any Service requested from a Guide through use of the Site, are and remain solely with you, to the maximum extent permitted under applicable law. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties and/or limitations of how long an implied warranty lasts, so the above exclusion/limitation may not apply to you.

10. Limitation of liability

In no event shall TripJunction (including any management members, officers, employees, agents, etc.) be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, and/or consequential damages, arising out of or in connection with your use of the Site or the Services, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the Site, whether the damages are foreseeable and whether or not TripJunction has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall TripJunction’s cumulative liability to you exceed amounts paid to TripJunction for use of the Site during the 3 months preceding the applicable claim. In addition to the foregoing, TripJunction 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, any User Content. TripJunction is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person´s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. UNDER NO CIRCUMSTANCES SHALL TRIPJUNCTION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. TripJunction’s responsibilities are limited to the providing of the Services (defined below) as a marketplace platform. TripJunction is not a travel agency and does not operate as one. TripJunction does not manage or control the Guides and/or their Experience offers, nor do we undertake to monitor, review or filter the Users.
TripJunction does not directly operate, sell, resell, provide or manage any accommodation, transport and/or other related activities. Furthermore, TripJunction is not a party to any agreement entered into between Guests and Guides, nor is TripJunction an agent, insurer or representative of either side. Consequently, the use of Experience services provided by the Guides are at the sole responsibility of the Guests, and the providing of Experiences to the Guests are at the sole responsibility of the Guides. By making a reservation through TripJunction, Guests and Guides enter into a direct contractual relationship. From the point at which Guests make a reservation, TripJunction acts solely as an intermediary between Guests and Guides. TripJunction is not a party to any agreement between Guests and Guides and is not liable for any (attributable) failure to perform or other damages arising out of this relationship.

11. Miscellaneous

11.1 Modification of the Terms. These Terms may be revised and updated from time to time. It is your responsibility to ensure that you remain compliant with the current Terms.

11.2 Governing Law and Jurisdiction. These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms and/or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction.

Any cause of action against us must be brought within one (1) year of the date such cause of action arose. Notwithstanding the foregoing, TripJunction may lodge a claim against you pursuant to the indemnity clause in these Terms, in any court adjudicating a third party claim against TripJunction. Any cause of action against the Site or us must be brought within one (1) year of the date such cause of action arose.

11.3 No Class Actions. You and TripJunction acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes.

11.4 Electronic Communications. The communications between you and TripJunction may be through electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing. The foregoing does not affect your non-waivable rights.

11.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to TripJunction is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TripJunction may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

11.6 Copyright/Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties who have permitted us to use them. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

11.7 Where TripJunction has provided Users with a translation of the English language version of the Terms and Conditions, the English version will govern the relationship between Users and TripJunction. In the event of a contradiction between the English version and a translation, the provisions in the English version shall take precedence over any such translation.

11.8 Contact Information: info@tripjunction.com