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Terms & Conditions
Last update: June 2019
Welcome to TripJunction!
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.
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.
6.1 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 tripe 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.
7.1 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.
8.1 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.
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.
11.1 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: email@example.com
Last updated June 21, 2019
“Applicable Laws” means the GDPR and any data protection, privacy or other laws to the extent applicable to TripJunction Asia Limited and TripJunction Global Ltd.
“Personal Data” means individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual.
“Non Personal Data” means information that does not personally identify you and does not reveal your specific identity as an individual, such as anonymized information.
The terms “Controller”, “Processor”, “Processing”, “Supervisory Authority” and “Personal Data Breach” shall have the meanings ascribed to them in the GDPR.
“Visitor(s)” means Data Subjects who browse our Website.
“Platform” means our online marketplace for aircraft parts and/or related services connecting Guests and Guides, which can be accessed through our Website and API Integrations.
“Website” means our public website available at https://www.tripjunction.com. Our Platform is a section of our Website which can be accessed only by registered Users.
“Guest” means a Data Subject which is registered to the Website and uses the Platform in order to purchase local tours and activity services, whether acting on its own behalf or on behalf and under authorization of a legal entity with whom the Data Subject is employed, contracted or otherwise affiliated.
“Guide” means a Data Subject which is registered to the Website and uses the Platform in order to offer local tours and activity services, acting on behalf of and under authorization of a legal entity with whom the Data Subject is employed, contracted or otherwise affiliated.
“User(s)” means a registered Guest or Guide that uses of our Platform.
“Services” means the provision of our Platform, including all actions related to the facilitation and support of transactions on the Platform, and general support for usage of the Platform.
“GDPR” means the General Data Protection Regulation (EU) 2016/679, as amended from time to time.
This Policy was originally written in English. If you are reading a translation and it conflicts with the English version, please note that the English version prevails.
3. The Types Of Personal Data That We Collect
3.1. Personal Data That You Provide To Us
Guest information. If you are a potential Guest, we will ask you to provide certain Personal Data in order for you to register to the Platform, and for us to perform our Services; through our Sign up hyperlink on the Website or through the “Create a new account” hyperlink on the Website or through the Platform. The nature of the Services you are requesting will determine the kind of Personal Data we might ask for, though such information may include (by way of a non-exhaustive list): name, email address, location, phone number, birth date, portrait photograph, and identification document (“Contact Details”).
Guide Information. If you are a Guide, we may ask you for your Contact Details, as well as bank account information. In addition, we may ask you for a list of the users who can access the company account.
While using the Platform, Users may upload documents and share Personal Data (“Disclosing Users”) with other Users (“Recipients”). We do not advise it, however, if you are a Disclosing User and you choose to upload documents containing Personal Data to the Platform and to otherwise share Personal Data with Recipients in order to conclude a transaction; we will be responsible strictly for our Processing of the Personal Data shared (which is limited to storing the Personal Data in your account), subject to this Policy. However, TripJunction shall not be liable in any way for any Processing of a Disclosing User’s Personal Data by a Recipient. If you are a Disclosing User, you hereby waive any claim against TripJunction for any damages incurred by your disclosure of Personal Data to a Recipient.
3.2. The Personal Data That We Collect Or Generate
If a Visitor and/or User browses our Website, we may collect Personal Data. This includes (by way of a non-exhaustive list): Screenshots/videos of the TripJunction’s screens of the User while browsing the Website, audio recordings of support and customer service conversations with Users, a User’s device Internet Protocol (IP) address through the use of “cookies”. For more information about the cookies we use, please see Section 11 below.
4. Non Personal Data
4.1. In addition to the categories of Personal Data described above, we will also process further anonymized information and data that does not identify a specific individual, including but not limited to:
a) Information that a Visitor’s/User’s browser sends (“Log Data”). This Log Data may include, but is not limited to, non-identifying information regarding the User’s device, operating system, internet browser type, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, the web page you were visiting and information you search, etc.
b) A Visitor/User session identifier which allows us to identify the User on the server side.
4.2. We may collect this Non-Personal Data through the Website and/or Platform in the following ways:
b) Use of other analytical tools, including tools which are supplied by third party service providers. For more information see Section 8 “Sharing Data With Others” below.
5. The Purposes For Processing Personal Data
5.1. Personal Data, of Visitors and Users, is used for the following primary purposes (as may be updated from time to time), in order to:
a) provide and operate the Services;
b) monitor and analyze use of the Services and study and analyze the functionality of the Services;
c) provide ongoing customer assistance, technical support and maintain the Services;
d) provide service announcements and notices, promotional messages and market the our Services;
f) better understand your needs, both on an aggregated and individualized basis, in order to further develop, customize and improve our Services based on Visitor’s and Users’ preferences, experiences and difficulties;
g) communicate with you and contact you to obtain feedback from you regarding the Services;
h) disclose to third party vendors, service providers, contractors or agents who perform functions on our behalf with respect to the Services;
i) enable the Service’s tools and features,
j) to create aggregated statistical data and other aggregated and/or inferred Non-Personal Data, which we or our business partners may use to provide and improve our Services; and
k) as otherwise authorized by you.
5.2. We may use your email address to contact you when necessary, including in order to send you reminders, offers and to provide you information and notices about the Services. At any time, you may choose (opt out) whether your Personal Data is to be used for sending such marketing materials which are not an essential part of the services on the Website. You may exercise your choice by contacting us at: firstname.lastname@example.org
6. How We Use Non Personal Data
6.1. We may use information that is Non Personal Data, of Visitors and Users, for the same purposes we use Personal Data (where applicable) and in addition in order to:
a) compile anonymous or aggregate information,
b) disclose to third party vendors, service providers, contractors or agents who perform tasks on our behalf in connection with the Services,
c) monitor and analyze use of the Services and for the technical administration and troubleshooting of the Services, and
d) provide us with statistical data.
6.2. We use anonymous, statistical or aggregated information, which may be based on extracts of your Personal Data, for legitimate business purposes including for testing, development, improvement, control and operation of the Services. We may share such information with our third party providers. It has no effect on your privacy, because there is no reasonable way to extract data from the aggregated information that can be associated with you. We will share your Personal Data only subject to the terms of this Policy, or subject to your prior informed consent.
7. The Legal Basis For Use Of Personal Data
7.1. We will only process a Visitor’s or User’s Personal Data where we have a legal basis to do so. The legal basis will depend on the reason or reasons we collected and need to use the Personal Data. In almost all cases the legal basis will be:
a) To provide the Services and otherwise perform agreement.
b) To fulfill a legitimate interest that we have as a business.
c) Because you consented to us using the Personal Data for a particular purpose.
More information on the basis of processing:
a) Processing the Personal Data is required for performing the Services, for example: we must process your Personal Data including information about your name and password in order to identify you for you to use the Services.
b) Processing the Personal Data is required for fulfilling our or a third party’s legitimate interests, for example: (1) we collect information about use of our Website in order to identify and prevent its abuse; (2) we use Personal Data to maintain and improve our Services by identifying usage trends and technical issues.
c) A Visitor/User consents to the processing of Personal Data for one or more specific purposes, for example: to the extent that a Visitor consents, we will send him/her information about our Services.
7.2. It is hereby clarified that the legal bases detailed above are the legal bases for actions to process Personal Data, carried out by us in accordance with the GDPR. If processing of Personal Data is subject to other Applicable Laws, then the legal basis for processing Personal Data may differ according to those Applicable Laws.
8. Sharing Data With Others
8.1. We do not sell, rent or lease your Personal Data. We may share your Personal Data with service providers and other third parties, if necessary to fulfil the purposes for collecting the information, such as cloud vendors, subcontractors providing us processing services, etc., provided that any such third party will commit to protect your privacy as required under the applicable laws and this Policy.
8.2. We may also share Visitor’s and/or User’s Personal Data with companies or organizations affiliated with us, such as subsidiaries and parent companies, with the express provision that their use of such Personal Data must comply with this Policy.
8.4. Additionally, a merger, acquisition or any other structural change may require us to transfer your Personal Data to another entity, provided that the receiving entity will comply with this Policy.
8.5. We may need to disclose Personal Data in response to lawful requests by public authorities or law enforcement officials, including meeting national security or law enforcement requirements. We cooperate with government and law enforcement officials to enforce and comply with the law.
9. Transfer Of Data Outside Your Territory
9.1. We may store, process or maintain Personal Data in various sites worldwide, including through cloud based service providers worldwide. Where the GDPR applies and we transfer Personal Data to another country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to data being transferred outside of the EEA, for example, this may be done in one of the following ways:
a) the country that we send the Personal Data to might be approved by the European Commission as offering an adequate level of protection for Personal Data;
b) the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your Personal Data;
c) where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
d) in other circumstances the law may permit us to otherwise transfer your Personal Data outside the EEA.
9.2. You can obtain more details of the protection given to your Personal Data when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Data) by contacting us as described the Section “CONTACT US” below.
9.3. If you are located in a jurisdiction where transfer of your Personal Data to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer or the storage, processing or maintenance of the information in other jurisdictions by using the Services.
10. Access Rights
10.1. In all of the above cases in which we collect, use or store your Personal Data, you may have the following rights and, in most cases, you can exercise them free of charge.
10.2. At any time, you may contact us at: email@example.com and request to know what Personal Data we keep about you. We will make reasonable efforts to locate the data that you request to access.
10.3. Under your right of access, you may obtain confirmation from us of whether we are processing Personal Data related to you, receive a copy of that data, so that you could verify its accuracy and the lawfulness of its processing, request the correction, amendment or deletion of the Personal Data if it is inaccurate, incomplete, outdated or processed in violation of applicable law. However, we may retain certain information as deemed required by us in accordance with applicable laws, or for legitimate business reasons, for the duration as required under applicable laws.
10.4. In addition, we may delete any Personal Data pursuant to our policies, as in effect from time to time.
10.5. When you ask us to exercise any of your rights under this Policy and the applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of Personal Data related to others and to ask you questions to better understand the nature and scope of data that you request to access.
10.6. We may redact from the data which we will make available to you, any Personal Data related to others.
11.2. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. If you do not accept cookies, however, you may not be able to use all portions or all functionality of the Website.
11.3. When you browse the Website, our cookies collect non-Personal Data as detailed in Section 4.1 above.
11.4. We may use automated devices and applications to evaluate usage of our Service. We use these tools to help us improve our Services, performance and user experience including by tracking page content, and click/touch, movements, scrolls and keystroke activities. We may also engage third parties to track and analyze Service data or provide other services on our behalf. Such third parties may combine the information that we provide about you with other information that they have collected from other sources. This Policy does not cover such third parties’ use of the data and such use is governed by such third parties’ privacy policies.
12. Data Security
12.1. We take the safeguarding of Personal Data and Non Personal Data very seriously, and use a variety of systems, applications and procedures to protect the information from loss, theft, damage or unauthorized use or access when it is in our possession or control, including reasonable physical, technical and organizational measures which restrict access to the information. These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
12.2. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and for further enhancing the security of our Services and protection of our Users’ privacy.
12.3. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. In addition, you should take steps to protect against unauthorized access to Personal Data stored on your premises as well as defining limited access rights to such information on a need to know basis.
12.4. If you receive an e-mail asking you to update your information with respect to the Services, do not reply and please contact us at firstname.lastname@example.org.
13. Data Retention
13.1. We retain different types of information for different periods, depending on the purposes for processing the Personal Data, our legitimate business purposes as well as pursuant to legal requirements under the Applicable Laws. We may retain Personal Data for as long as necessary to support the collection and the use purposes under this Policy and for other legitimate business purposes, for example, for storing data, for documentation, for cyber-security management purposes, legal proceedings and tax issues.
13.2. We may store aggregated Non Personal Data without time limit. In any case, as long as you use the Platform and/or Services and/or browse our Website, we will keep information about you, unless we are legally required to delete it, or if you exercise your rights to delete the information.
14. Our Policy Toward Children
Our Platform, Services and Website are not meant to be used by or for persons under 18, as such, we do not knowingly collect Personal Data from minors younger than 18. If you are under 18, please do not enter, access and/or use the Services on this Website and Platform.
15.2. If we need to adapt the Policy to legal requirements, the amended Policy will become effective immediately or as required.
15.3. Your continued use of the Services following such notice shall constitute your consent to any changes made and a waiver of any claim or demand in relation to such changes. If you do not agree to the new or different terms, you should not use and are free to discontinue using the Services.
16. Applicable Law And Dispute Resolution
17. Contact Us
For further information about this Policy, please contact our customers services department at email@example.com.
We work hard to handle your information responsibly. If you are unhappy about the way we do this, please contact us and we will make good-faith efforts to address your concerns. If you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, we will provide you with the contact information for that regulator.
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