Terms of Service
Effective Date: 07/01/2020
1. Overview of Terms
This Terms of Service (this “TOS”) will apply when you use our website, app, media channels (collectively, our “Platforms”) either as a person or for a group to order our itinerary travel services (“Itinerary Services”). The Itinerary Services is provided to you by Adventuretects LCC (“Adventuretects”) through our Platforms from the United States (“US”). If you are using our Itinerary Services from other locations, you are responsible for abiding by your local law, to the extent your local law applies. Additional terms and conditions that may be available on our Platforms are hereby integrated into this TOS by reference.
By using our Platforms and our Itinerary Services, you consent to this TOS when you click on “I accept” or “I agree” during your registration or wherever Adventuretects provides the option to you. If you do not agree to be bound by the terms and conditions in this TOS, you may not use our Itinerary Services.
2. Updates to TOS
This TOS may be updated or modified from time-to-time for various reasons, including due to changes in our Itinerary Services, some of our Platform features, or applicable law. Updates to this TOS will be posted and the date of the update will be specified by the Effective Date above. We, in our discretion, may send you notices regarding updates to your most recent contact information. We advise you to submit valid contact information (such as email address) when providing us the required information. We also require you to review this TOS frequently to watch out for updates. By using our Itinerary Services after any updates to this TOS or our policies, you confirm that you agree with such updates.
3. Service Eligibility
To use our Itinerary Services, you must have the capacity to form a contract and must be 18 years of age or above. If you are under 18 years of age, you may only use our Itinerary Services when supervised by at least a parent/legal guardian. Also, if you are entering into this TOS on behalf of a group, you must have their express permission. If Adventuretects becomes aware that you are not 18 years of age or above, we will have your participation terminated without liability.
4. Registration and Account
To access our Platforms and navigate around them is free; however, to use our Itinerary Services, you may need to open a user account and submit personal information such as your name, contact details, and payment information to us. You must submit accurate information and always maintain accuracy. Also, your user account login details must be kept confidential, and your user account must not be assigned, sold, or licensed to a third party or user without our written approval.
We reserve the right to block, suspend, restrict, or terminate your user account if we, in our discretion, believe you are in violation of this TOS, our other agreements and policies, or applicable law.
5. Third Party Services
Adventuretects only helps you plan your travel, including booking your accommodation, tours, and other attractions. We do not directly provide these services; neither do we have any relationship with the companies that provides them. These services are provided by other companies (“Third Party Services”). When you enjoy these Third Party Services, we will not have any control over how the companies that provide operate, neither will this TOS or our policies govern these Third Party Services. Therefore, when you enjoy the Third Party Services, any liability you incur thereon will be borne by the relevant provider of that Third Party Service.
6. User Content
Our Platforms may provide certain areas where you may be able to post or upload content or information such as comments, texts, chats, images, graphics, videos, links, content, or audios (“User Content”). By posting User Content to our Platforms, you understand that they shall be treated as non-confidential and non-proprietary. By posting User Content on our Platforms, you grant Adventuretects and other users an irrevocable, unrestricted, non-exclusive, royalty-free, and fully-paid license to use, reproduce, publicly display or perform, edit, copy, transmit, and distribute your User Content in any manner or form, including on all our Platforms.
Also, by posting User Content on our Platforms, you warrant to us that:
i. You own the title, interest, copyright, and other intellectual property rights to such a User Content;
ii. You have the necessary proofs to show that you have the right and title to post such User Content and grant us the rights to distribute it;
iii. Your User Content will not infringe on any third party’s copyright or other intellectual property rights;
iv. Your User Content will not be lascivious, indecent, filthy, racist, ridicule, or mock anyone or group, or incite physical harm or fear, or otherwise go against any applicable law; or
v. Your User Content does not, in any way, go against or have links to materials or files that go against any provision of this TOS or any applicable law that applies.
7. Platform Content and Intellectual Property Rights
The content provided by us on our Platforms, including but not limited to, the trademarks, service marks, texts, images, software, functionality, photographs, button icons, footer, videos, audios, web designs, logos, databases, page headers, and service names (“Platform Content”) are owned by and licensed to Adventuretects, and are subject to copyright and other intellectual property rights in the US and other locations. Any other content posted by Third Party Services providers is the exclusive property of the applicable third party companies.
The Platform Content, trademarks, and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or part, without the prior written consent from Adventuretects.
8. License Grant
The Platform Content is provided to you on “AS IS” basis for your information and personal use only, and may not be copied, used, reproduced, aggregated, distributed, relicensed, transmitted, advertised, displayed, sold, or otherwise exploited for any other purposes whatsoever without taking written permission from Adventuretects.
Provided that you are eligible – upon complying with this TOS — to use our Platforms, Adventuretects grants you a limited license to access and use our Platforms and any Platform Content to which you have gained access to download and print a copy solely for your personal, non-commercial use. We reserve all rights not expressly granted to you on our Platforms and the Platform Content.
9. Prohibited Uses
a. Posting User Content or submitting materials that go against this TOS, any applicable law, or otherwise infringes on the copyright or other intellectual property rights of others;
b. Attempting to bypass any measures that are designed to prevent anyone from accessing our Platforms or any portion thereof;
c. Making attempts to impersonate or impersonating another person or otherwise creating an account under a false name, alias, or borrowed name;
d. Engaging in criminal activities such as fraud, including by trying to bypass the payment processing gateways on our Platforms;
e. Deciphering, disassembling, decompiling, or otherwise reverse-engineering any of the software or tools comprising or making up any part of our Platforms;
f. Deleting or attempting to delete any copyright or other intellectual property right notices from any of our Platforms;
g. Using our Platforms through automated means such as by using any robot, data-mining, or other similar data-gathering or data-extraction tools or software; h. Annoying, harassing, threatening, or intimidating any Adventuretects employee or agent that is engaged in providing any part of our Platforms or Itinerary Services to you;
i. Using our Platforms without authority, including by collecting names and email addresses of other users through electronic means in order to send them unsolicited messages or creating false user accounts;
j. Licensing, assigning, transferring, or selling your user account to another user or third party without taking permission from Adventuretects;
k. Attempting to trick any of our employees in order to learn sensitive or proprietary information from them so as to compete with us; and/or
l. Posting User Content or materials that may be too burdensome to our Platforms.
10. Service Fees and Payments
All payments for our Itinerary Services (“Service Fees”), whether on behalf of a group or for yourself, are made through the payment gateway on the website (provided by PayPal). Unless we say otherwise, the Service Fees shall not include taxes, duties, and payment provider charges. If we, by error or mistake, undercharge for our Itinerary Services, we reserve the right to deduct the remaining Service Fees from your payment method.
Adventuretects reserves the right to update our Service Fees from time-to-time without notice or liability to you. However, updates to our Service Fees will be communicated to you at the point of booking our Itinerary Services.
11. Cancelation and Refunds
You may not cancel your order and get a refund simply for changing your mind. The Itinerary Services is not a physical product; therefore, once we provide a draft, you will be gaining confidential information from us. However, there are certain circumstances under which you may cancel your order and get a refund. Please, review our Refund Policy to learn more about the circumstances under which we may issue you a refund.
13. Copyright Infringement Claims (DMCA)
Adventuretects respects the privacy of its users and third parties; therefore, you are required to follow in this direction. We are required by applicable law, the Digital Millennium Copyright Act (DMCA), to respond to copyright infringement claims. If you believe any content on our Platforms infringes your intellectual property rights, you are required to reach out to us via [email protected] along with the following information:
14. Third Party Content
15. Term and Termination
This TOS will remain in force and effect while you access our Platforms or use our Itinerary Services, including when you have an account with us. You have the right to terminate this TOS by closing your user account and staying away from our Platforms and our Itinerary Services.
Adventuretects reserves the right, in its discretion, and without warning or notice, to terminate your user account or deny you access to our Platforms or from using our Itinerary Services, if we believe you have violated this TOS, any of our policies, your warranties, or any applicable law.
We also reserve the right to block or restrict certain IP Addresses from accessing our Platforms or using our Itinerary Services. This may be done in order to protect our rights or integrity, and as may be required by applicable law.
Any paragraph, clause, or provision of this TOS that in order to fulfill the purpose of such paragraph, clause, or provision, need to survive the termination of this TOS, shall be deemed to survive for as long as necessary to fulfill such purposes.
Adventuretects cannot control the nature of all the Platform Content and any Third Party Content linked to it, including the videos that are loaded from third party websites. We also cannot guarantee that the Third Party Services, including lodging, transportation, and tours will meet your expectations.
You hereby agree that your use of our Itinerary Services will be solely at your risk. To the fullest extent permissible by applicable law, Adventuretects, our partners, subsidiaries, agents, licensors, officers, directors, and any person or entity affiliated with us disclaims all warranties, express or implied, in relation to your use of our Platforms and our Itinerary Services, including but not limited to, implied warranties of non-infringement, fitness for a purpose, and merchantability.
We do not warrant that (i) our Platforms and Itinerary Services will be without error or mistakes (ii) any third party content linked to our Platforms will be safe to access (iii) our Platforms will not contain bugs and viruses by unauthorized third parties (iv) the Third Party Services will operate as they seem or are advertised, and (v) there will not be delay or failure in our Itinerary Services and Third Party Services as a result of circumstances beyond our control.
Therefore, Adventuretects will not be liable to you for (i) errors, mistakes, and omissions of the Platform Content, Itinerary Services, pricing, etc. (ii) any loss, damages, or injuries as a result of the Platform Content and any Third Party Content linked to our Platforms (iii) damages or injuries you may suffer from the Third Party Services provided to you (iv) any failure or delay to perform our Itinerary Services or book the Third Party Services due to circumstances beyond our control, and (v) any viruses, bugs, worms, trojan horses, and other harmful software that may be linked to our Platforms by unauthorized persons.
17. Limitation on Liability
Under no circumstances shall Adventuretects, our partners, subsidiaries, agents, licensors, officers, directors, and any person or entity affiliated with us be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages or loss, including but not limited to, damages of lost profit, data, goodwill, and any other damages that may arise as a result of your use of our Platforms, Itinerary Services, and Third Party Service, even if Adventuretects has been hinted of the possibility of such damages or loss.
Notwithstanding anything to the above, Adventuretects’ liability to you for anything or cause whatsoever (if found by a competent court to be liable) will be at all times limited to the Service Fees you paid in the past 3 months of the claim arising.
Some State/country laws do not allow the limitation of implied warranties or the exclusion of certain damages above. If these laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.
If you are accessing our Platforms and using our Itinerary Services from the State of California, you may waive California civil code 1542 (“A general release does not include to claims which the creditor was not aware exists in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor”).
You hereby agree to defend, indemnify and hold Adventuretects, our partners, subsidiaries, agents, licensors, officers, directors, and any person or entity affiliated with us harmless from and against any damage, loss, claims, liability, demand, and expenses, including reasonable attorney’s fees, made by any third party due to your User Content, your use of our Platforms, Itinerary Services, and your breach of this TOS, our policies, your representations and warranties, and applicable law.
19. Electronic Contractions
Your use of our Platforms and our Itinerary Services include your ability to enter into agreements or make transactions electronically. You hereby acknowledge that your electronic submissions constitute your agreement to be bound by this TOS and other transactions you enter with us. Your agreement to be bound by electronic contractions applies to all transactions you enter into with us, including our notices, policies, contracts, and applications. By using our Itinerary Services, you consent to all electronic communications from us, including recognizing that all agreements, including this TOS, policies, disclosures, and notices communicated to you via our Platforms and your contact information satisfy any legal requirement that such communication is in writing.
20. Governing Law and Jurisdiction
Our Platforms and Itinerary Services are provided from the State of California to other locations. By using our Platforms and Itinerary Services, you hereby agree that all issues and claims you may have regarding your use thereof shall be resolved and settled by the laws of the State of California, without regard to conflict of laws and its principles. You also hereby agree to the exclusive jurisdiction of the courts located in the State of California.
A. Entire Agreement
This TOS represents the entire agreement and understanding between you and Adventuretects regarding your use of our Platforms and Itinerary Services, and it supersedes all previous and contemporaneous agreements and understanding, whether oral or written, that may have existed before it.
If at a point, Adventuretects fails or delays to enforce a right, provision, or paragraph under this TOS over a breach, such a delay or failure will not serve as a waiver of our right to enforce such right, provision, or paragraph at a later date or for subsequent breaches.
If any provision, paragraph, or clause is found under this TOS to be invalid or unenforceable by a court having competent jurisdiction, such a provision shall be severed/deleted and shall not affect the validity and enforceability of the remaining valid and enforceable provisions, paragraphs, or clauses.
D. Force Majeure
If Adventuretects fails or delays to provide our Itinerary Services, including the Third Party Services at some point due to circumstances beyond our control, including but not limited to, government restrictions, flight cancelations, severe weather conditions, wars, riots, internet breakdown, and other force majeure events, we shall not be liable to you for any loss incurred due to such a delay or failure.
You may not assign any of your rights under this TOS to any other person or third party without our written consent, including transferring or selling your user account. Adventuretects, on the other hand, reserves the right to assign its rights and obligations under this TOS to third party service providers such as our payment processor.
F. No Partnership
By using our Platforms and Itinerary Services, it does not create a joint venture, employment, partnership, or agency relationship between you and Adventuretects.
G. Other Miscellaneous
This TOS operates to the extent permissible under the applicable law. You hereby agree that this TOS shall not be construed against us by virtue of us being the drafter. Upon our request, you will furnish us with the documentation and releases necessary to validate your compliance with this TOS. You also hereby waive any and all defenses you may have based on the electronic form of this TOS and our inability to sign off on it to execute it.