Customer Terms and Conditions

1. GENERAL

We are TrustedTrip Limited ("TrustedTrip", "we", "us", or "our") and we provide an online platform that allows you to provide service reviews for travel service providers (“Reviews”), through our website TrustedTrip.com and/or user interface (“Application”). By using the Application, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions ("Terms"), whether or not you provide a Review.

Our company details are TrustedTrip Limited, registered in England and Wales under company number 12076854 and whose registered office is at Centaur House, Ancells Road, Fleet, Hampshire, England, GU51 2UJ.

These Terms govern your access to and use of the Application and constitute a binding legal agreement between you and us in respect of the use of the Application and how Reviews are provided.

Please read these Terms and our Privacy Policy, which is incorporated by reference into these Terms and can be found here, prior to using our Application or providing a Review.

2. OUR APPLICATION

You need to be 18 or older to be able to provide a Review. Use of our Application is also not intended for anyone under the age of 18. By accessing or using the Application you represent and warrant that you are 18 or older.

We may update and change our Application from time to time to reflect changes to our services, our users' needs and our business priorities.

3. REVIEW PROCESS

You can provide a Review to us, once you have registered with us as a user, by following the instructions on our Application. You will only be able to provide Reviews where we (or other third parties which may send you access to the Application to complete your Reviews) have contacted you in order to provide a Review and nothing will be posted to our Application without our prior approval. We moderate all Reviews received carefully before we post any Reviews and reserve the right to not post any Reviews received by us (by email or through our database or in any form) or remove any Reviews previously posted by us, in our discretion.

When you provide a Review, this may consist of:

    (i) A service review relating to the booking process you experienced with a travel service provider (“Service Review”) and/or

    (ii) A trip or holiday review relating to the travel services provided to you and/o your group (“ Trip Review”).

All Reviews must comply with our content standards set out in these Terms. We reserve the right to send a Review back to you, to give you an opportunity to amend the Review, if we do not think that it meets out content standards.

    (i) Service Reviews will be sent directly to the tour operator, travel agent or service provider you booked with;

    (ii) Trip Reviews will be posted on our Application anonymously, against the details about the relevant tour operator, travel agent or travel service provider.

Once your Review has been received it will be anonymised and your data identity will not be disclosed to a relevant tour operator, travel agent or travel service provider, unless you agree with us that the source of your Review can be disclosed to them.

4. CHANGES TO THESE TERMS

We reserve the right to modify our Application or these Terms at any time and without prior notice. If we do modify these Terms, we will post them on our Application or provide you with notice, telling you that we have updated our Terms. By continuing to access or use the Application after we have updated our Terms, you indicate that you agree to be bound by those Terms. If the modified Terms are not acceptable to you, you should stop using the Application immediately.

5. APPLICATION AVAILABILITY

Our Application is made available free of charge and you will not be charged for using our Application or providing a Review.

We do not guarantee that our Application, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Application for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Application through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. ACCOUNT DETAILS

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@trustedtrip.com.

7. CONTENT ON THE APPLICATION

We are the owner or the licensee of all intellectual property rights in our Application, and in the material published on it, including content about travel service providers and/or Reviews. Those works are protected by copyright laws and treaties around the world. All such rights are reserved to us.

You may print off one copy, and may download extracts, of any page(s) from our Application for your personal use and you may draw the attention of others within your organisation to content posted on our Application.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Application must always be acknowledged. Where you provide us with your Reviews you assign to us all rights (including any intellectual property rights) in or to the content of those Reviews. We may therefore use (and adapt for editing purposes) such content as we see fit.

You must not use any part of the content on our Application for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Application in breach of these Terms, your right to use our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. RELIANCE ON INFORMATION

The content on our Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Application.

Although we make reasonable efforts to update the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Application is accurate, complete or up to date.

9. LINKED WEBSITES

Where our Application contains links to other Applications and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

10. USER-GENERATED CONTENT

This Application may include information and materials uploaded by other users of the Application, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Application do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us on privacy@trustedtrip.com.

11. APPLICATION CONTENT AND REVIEWS

Whenever you make use of a feature on our Application, or make contact with other users of our Application, you must comply with the content standards set out in these Terms.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you provide to us will be considered non-confidential and non-proprietary.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Application constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting on our Application if, in our opinion, it does not comply with the content standards set out in these Terms.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

We do not guarantee that our Application will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Application. You should use your own virus protection software.

You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application, the server on which our Application is stored or any server, computer or database connected to our Application. You must not attack our Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Application in any website that is not owned by you.

Our Application must not be framed on any other Application, nor may you create a link to any part of our Application other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these Terms.

If you wish to link to or make any use of content on our Application other than that set out above, please contact privacy@trustedtrip.com.

12. ACCEPTABLE USE AND STANDARDS

This section sets out the content standards that apply when you provide content to us, make contact with other users on our Application, link to our Application, or interact with our Application in any other way.

Prohibited uses

You may use our Application only for lawful purposes. You may not use our Application:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards detailed below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Application in contravention of the provisions of these Terms.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Application;
    • any equipment or network on which our Application is stored;
    • any software used in the provision of our Application; or
    • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Application, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Review platforms.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Application, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Application, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you provide to us, including but not limited to any Reviews you provide (Contribution), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other websites.

Breach of these standards

When we consider that a breach of these standards has occurred, we may take such action as we deem appropriate.

Failure to comply with these standards constitutes a material breach of these Terms upon which you are permitted to use our Application, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Application.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Application.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

13. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Application or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Application; or
    • use of or reliance on any content displayed on our Application.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our Application for domestic and private use. You agree not to use our Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

15. OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.



TRUSTEDTRIP LTD

MARCH 2020

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