WishTrip Terms and Conditions of Use
Last updated February 18, 2021
Welcome to WishTrip
“Travelers” means our registered users who sign-up and create an account within WishTrip; and “Enterprise Customers” means our paying contractual customer(s) who has a contractual arrangement with us for the provision of the Services, and who use WishTrip product for Enterprise (each, a “Site”).
Regardless of any executed translations of these Terms, the English version shall have priority.
These Terms and Conditions of Use (the “Terms”) explain how you can use the Services. Please read these Terms before you get started. They apply to all visitors, users (Travelers or Enterprise Customers) or others who access or use the Services (“Users” or “You”).
YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.For your convenience you can click a link below for our policy on each topic:
Use of the Services
We welcome users of all ages, but you must be at least 13 to use the Services. If you are between the ages of 13-18, you may use our Services only with the supervision and consent of a parent or guardian.
No individual under these age limits may use the Services, provide any Personal Data to us, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
User Account
It is possible to be a WishTrip User without creating an account. In order to access and use all of the WishTrip Services, it is necessary to create a WishTrip account. Terms and conditions apply to all users - whether or not they have created an account.
To create an account, you must select username and password. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account. When you create an account, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in). Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.
You may enable or log in to the Services through social media network login services, such as Facebook Connect or Google+ (“Social Media Login”). If you choose to login through a Social Media Login, you agree to the terms and conditions of such social media network. You acknowledge that the use of Social Media Login to login for WishTrip may provide the Company with access to certain information and data that you have provided to the social media network (according to the terms and conditions of such social media network) and you expressly agree to the Company’s use of such data or information in accordance with these Terms and our Privacy Policy.
You are fully and solely responsible for the security of your computer system and for maintaining the confidentiality of any and all actions and activities that take place while using your account, even if such activities were not committed by you. You agree to immediately notify the Company of any unauthorized use of your account or password. The Company will not be liable for any losses or damage arising from unauthorized use of your account or password.
Ownership and Use of Content
For purposes of these Terms: (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, graphics, button icons, scripts, maps, routes, geo-data, trips, tracks, locations, designs, copyrights, trademarks, service marks, branding, logos, “look and feel” of the Services, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “WishTrip Content” means all Content that is not User-Generated Content.
All WishTrip Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to the Company and/or its licensors, partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to the Company as explained in Section 3.5 below. The Company and/or its licensors or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all WishTrip Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any WishTrip Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by the Company.
You are welcome to access and use the WishTrip Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the WishTrip Content and Services as intended under these Terms. Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and WishTrip Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the WishTrip Content or Services, without our permission.
Acceptable Usage Guidelines
WishTrip Content. Except as expressly permitted by applicable law or authorized by The Company, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any WishTrip Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save WishTrip Content, except (i) as expressly permitted by the functionality of certain Services, or (ii) solely for personal use or your records.
Commercial Usage of the Services. The Services, with the exception of our Site product to our Enterprise Customers provided through the Website, are intended only for your personal, non-commercial use. You shall not use the Services (other than the Site product) to for commercial reasons. If you seek to make commercial use of the Services other than through the Site product, you must enter into an agreement with us to do so in advance.
Linking to the Services. If you would like to link to our Services on your Site, website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “WishTrip” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by the Company) or in some other format directed by the Company, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) the Company reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
When you provide User-Generated Content to the Company through the Services, you grant the Company and our users, a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) the Company has no obligation to provide you with any credit when using your User-Generated Content; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this license are for the limited purposes of allowing the Company to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services. For information on managing your privacy settings for the Services, see the Privacy Policy
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms and/or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant the Company the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, the Company and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future. For more information, please review our Privacy Policy
If you choose to provide the Company with any comments, ideas or feedback, you agree that we are free to use the ideas you submit without any restriction or compensation to you for any purpose whatsoever. Nothing herein shall waive the Company’s rights to use similar or related feedback previously known to the Company, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential or proprietary information.
Community Guidelines
Our Services may include interactive areas or social/community features that allow you and other users to post User-Generated Content and interact with one another (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public.
We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, persons, individuals, organizations and/or other entities found on or through WishTrip, whether online or in person. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on the Services, or persons, organizations or other entities found on by or through the Services. The Company is under no obligation to become involved in and disclaims all liability related to any disputes between its users or between users and any third party, and you release the Company from all responsibility and liability arising out of or in connection with such disputes.
We want WishTrip to be an authentic community and safe place where all users can share User-Generated Content and their experience with other users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. Our Community Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines accordingly may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.
No Inappropriate Content.
Do not post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community. Do not post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.No Harm to Minors.
Do not use the Services in a way that harms minors (or anyone, really). Do not share Content that include pictures or videos of children under 13 that are not your own children unless you have the other parent explicit consent for such sharing. If you saw a picture of your children shared in the Service without your consent, please send us an email to the following address: contact@wishtrip.com, so we can remove such content.No Disruptions, Exploits, or Resource Abuse.
Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources.No Sending Spam and Junk Mail.
Do not spam people via posts, replies, or messages.No Illegal Content.
Do not advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).No Soliciting Personal Data.
Please do not post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.No Public Posting of Private Conversations.
Do not publicly post an email or private message from any other user.No Breach of Legal Duty.
Do not post Content in breach of any contractual or other legal duty owed to a third party.No Deceptive or Fraudulent Links.
Do not post deceptive or fraudulent links. This includes links with misleading descriptions, setting misleading click-through links on images, or embedding links to pop-up ads.No Intellectual Property Infringement.
Respect the intellectual property of others. If you aren’t allowed to use someone else’s proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please do not post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property Infringement/DMCA section of our Terms.No Impersonating the Company or Others.
Do not post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with the Company. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.No Automated Querying.
Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission.Other.
Do not post Content that contains anything that, in the Company’s sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose The Company or our users to any harm or liability of any kind. Do not post content that may damage or dilute the goodwill associated with the Company or our marks.If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they do not create a duty or contractual obligation for us to act in any particular manner.
While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to us, by sending email to the following address: contact@wishtrip.com.
We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.
Intellectual Property Infringement/DMCA
If you believe that User-Generated Content or WishTrip Content infringes any copyright or trademark under any applicable law, please notify us immediately, by sending email to the following address: contact@wishtrip.com.
Please provide us with the following information in your notice of a suspected violation:
The Company will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, the Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Company may terminate, in appropriate circumstances and at Company's sole discretion, enterprises or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Mobile Services
To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. Your phone company’s normal messaging, data, and other rates and fees will apply.
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the App, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Our App can be downloaded through Apple’s software distribution platform (“App Store”) and/or Google’s software distribution platform (“Google Play Store”). Accordingly, our App can be used on devices that operate with: (a) Apple’s operating system (''iOSplatform''); and/or (b) Google’s operating system (''Androidplatform'') (commonly referred to as the ''platform(s)''). If you download our App from a third-party app store (e.g., App Store and/or Google Play Store) (the “App Provider”), you acknowledge and agree that, notwithstanding anything to the contrary in these Terms, the following additional terms shall apply:
For Android Platform: You acknowledge that you have reviewed the Google Play Terms of Service (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at https://www.google.com/mobile/android/market-policies.html), which are incorporated into these Terms by reference.
The App Store Terms and Conditions and the Google Play Terms of Service (including the Android Market Business and Program Policies), as applicable to your device, are referenced in this license as “Usage Rules”;
Acknowledgement:
these Terms is concluded solely between you and the Company, and not with the App Provider. The Company, not the App Provider, is solely responsible for the App and the content thereof;Maintenance and Support:
the App Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App;Warranty:
the App Provider is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between the Company and the App Provider, the Company’s responsibility. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App and the Services, and therefore, there are no warranties applicable to the App;Product Claims:
to the extent applicable, the Company, and not the App Provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.Intellectual Property Rights:
if a third party claims that the App infringes another party’s intellectual property rights, as between the App Provider and the Company, the Company, and not the App Provider, will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms; andThird Party Beneficiary:
the App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
Third Party Services and Activities
Third Party Services
Third-Party Activities
Our Services may include the ability to discover, access or participate in certain services, activities, or events provided or offered by Enterprise Customers on their Sites, not the Company (“Third-Party Activities”). Your attendance at and participation in Third-Party Activities is solely at your own risk. The Company will not be liable for any act, error or omission of any third party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in any Third-Party Activities initially discovered via the Services, or the performance or non-performance of any third party in connection with the Services. The Company is not an agent of any provider of Third-Party Activities.Third-Party Contributions
Our Services allow Enterprise Customers to initiate contribution campaigns and raise contributions form Travelers visiting their sites
Note that Company only provides the technological means that allow the Enterprise Customer to raise funds as contributions through the Website or App. We do not and cannot verify the information supplied by the Enterprise Customer regarding the purposes and use of the User's contribution, and we cannot guarantee that the User's contribution will be used in accordance with such purposes prescribed by the Enterprise Customer.
In any event, the Enterprise Customer is solely responsible to provide any documentation in relation to the contributions and Company takes no responsibility for any tax, or other legal aspects of the contributions and you assume full responsibility thereto.
To the fullest extent permitted by applicable law, Company disclaims all responsibility and liability regarding the outcome of any user contribution campaign initiated by the Enterprise Customer and the use of such user contributions by the Enterprise Customer.
Third Party Open Source Software
The Company may contain open source software components, each of which has its own copyright notice requirements and own applicable license conditions. These components are subject to the terms of third-party open source licenses, and not the terms of these Terms.
You acknowledge that WishTrip uses data from OpenStreetMap (https://www.openstreetmap.org/) © OpenStreetMap contributors. See https://www.openstreetmap.org/copyright. Such data is available under the Open Database License: https://opendatacommons.org/licenses/odbl/.
Disclaimers of Warranties
EXCEPT WHERE PROHIBITED BY LAW, COMPANY AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARISING BY LAW OR OTHERWISE, REGARDING WISHTRIP AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE WISHTRIP OR ANY OTHER PRODUCT OR SERVICES ASSOCIATED THEREWITH. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, AVAILABILITY, OR RELIABILITY OF ANY OF THE SERVICES OR ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT: (I) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS; (II) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; (III) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (IV) THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; (V) THAT ANY ERRORS IN WISHTRIP WILL BE CORRECTED; (VI) THAT THE SERVICES WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES; AND/OR (VII) THAT ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO CONTENT; USER-GENERATED CONTENT, IN PARTICULAR, IS PROVIDED BY AND IS SOLELY THE RESPONSIBILITY OF THE USERS PROVIDING THAT CONTENT. THUS, SUCH USER-GENERATED CONTENT IS INTRINSICALLY FLUCTUANT AND MAY BE INACCURATE, INCOMPLETE OR OUTDATED. IN ADDITION, ROUTES YOU CREATE OR VIEW WHEN USING THE SERVICES MAY NOT BE ACCURATE, SAFE, OR FREE OF PHYSICAL OBSTACLES, THAT TRAILS MIGHT BE BLOCKED OR OTHERWISE DANGEROUS, OR THAT SOME AREAS MAY NOT BE OPEN TO THE PUBLIC OR MAY BE HAZARDOUS. USER-GENERATED CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICES IS NOT INTENDED TO REPLACE INFORMATION PROVIDED BY OFFICIAL GOVERNMENTAL AUTHORITIES, SUCH AS TRACK GUIDELINES AND RESTRICTIONS, OPENING HOURS, TRACK SIGNS ETC. IN ADDITION, ALL ROUTE MEASUREMENTS PROVIDED BY THE SERVICES (INCLUDING ALL MEASUREMENTS OF ROUTES THAT YOU CREATE OR VIEW WHEN USING THE SERVICES) ARE APPROXIMATE AND DO NOT REPRESENT ABSOLUTE MEASUREMENTS, EITHER IN METRIC (KM) OR ENGLISH (MILES) UNITS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OTHER USERS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU THEREFORE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, AND THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE AND MAKES NO RECOMMENDATIONS OR WARRANTIES AS TO YOUR HEALTH AND SAFETY, OR FOR ANY MISHAP OR ACCIDENT YOU MAY INCUR FROM USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL COMPANY, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, PARTNERS, ANY WIRELESS CARRIERS OR COMPANY’S LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES OF ANY KIND WHATSOEVER; (B) LOSS OF USE, PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES OR THIRD-PARTY ACTIVITIES ACCESSED VIA THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF COMPANY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF TEN UNITED STATES DOLLARS ($10) OR THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO COMPANY FOR INSTALL, ACCESS TO OR USE OF THE SERVICES.
IN PARTICULAR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY CLAIMS ARISING OUT OF (A) YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN ANY THIRD-PARTY ACTIVITIES), (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USR’S PERSONAL DATA, (C) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USERS OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (D) OTHER CONTENT, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED WITH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its subsidiaries, affiliates, owners, officers, agents, employees, partners and licensors, harmless from any losses, expenses, costs, claims, damages or demand (including reasonable attorneys' fees, expert fees’ and other reasonable costs of litigation), arising from, incurred as a result of, or in any manner related to (a) your breach of these Terms, (b) the User-Generated Content you access or share through the Services; (c) your use of the Services, (d) your activities in connection with the Services or Third-Party Activities, (e) your connection to the Services, (f) your use or misuse of any user’s Personal Data, or (g) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
Governing Law and Jurisdiction
These Terms and all matters relating to your access to or use of the Services, including all disputes, will be governed by and construed in accordance with the laws of the state of Israel, without regard to its conflict of law principles.
You agree that all disputes or claims arising out of or relating to or in connection with the Services or these Terms, shall be filed only to the exclusive jurisdiction of the Court Tel-Aviv, Israel or of the courts located in the country where you reside, and you and we hereby submit to the personal jurisdiction and venue of these courts.
Services Updates, Changes and Limitations
Our Services are constantly evolving. With the launch of new services and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services, without being obligated to provide prior notice to you. Accordingly, we may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Company for applying such changes or for failures incidental to such changes.
We may also provide updates for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates.
We also may suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
Termination and Suspension of Accounts
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services, as well as any user’s use of or access to Personal Data, and profiles of other users.
We may also deactivate, discontinue, terminate or suspend your account or access to parts or all of the Services (including the availability of any feature or User-Generated Content) at any time, temporarily or permanently, in our sole discretion, for any reason or for no reason, with or without notice: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for the Company, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.
Upon termination of the Services as aforementioned or upon your disposal of the App by uninstalling the App: (a) the license granted to you under Section 3.3 will terminate; (b) you must immediately cease using the Services and destroy or erase all copies of the App in your possession or control; (c) you agree not to download, copy, install or use the Services or register for any new user accounts.
Modifications of these Terms
We reserve the right, at our discretion, to update or revise these Terms at any time, by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of our Websites or in our App). Modifications will not apply retroactively unless required by law. The modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services.
Security
We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us by sending email to the following address: contact@wishtrip.com, immediately of any actual or suspected breach or unauthorized access or use of your account.
Survival
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 3 (Ownership and Use of Content), 9 (No Warranties), 11 (Limitations of Liability), 12 (Indemnification), 13 (Disputes and Jurisdiction), and 18 (Survival).
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
Contact Us
If you have any feedback, questions, concerns or comments about the Services or regarding these Terms, please feel free to contact us by sending email to the following address: contact@wishtrip.com.
Additnaiol terms
You also agree to these terms: link.