Terms and Conditions

Please note that the Terms and Conditions have been last revised on November 20, 2023.

These general terms and conditions ("Agreement") set forth the general terms and conditions of your use of the Tripwizy service platform ("Tripwizy Platform"), accessible via the website https://tripwizy.com ("Website"), and the "Tripwizy" or "Tripwizy [region]" mobile applications ("Mobile Applications") and any associated product or service (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Tripisgreat LLC (operating as "Tripisgreat", "us", "we", or "our"). If you enter into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access or use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Tripisgreat, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Accounts and Membership

While registration is not required to access the Tripwizy platform, you must register to use all the features, for example, the "My Selection" feature. If you create an account, you must enter your email address in the registration form and choose a password.

You can only create one Tripwizy account per email address. Your account is personal and you cannot transfer it to someone else.

You are responsible for the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but are not required to, monitor and review new accounts before you can sign in and begin using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part of it) if we determine that you have violated any provision of this Agreement or that your conduct or content could damage our reputation and goodwill. If we delete your account for the aforementioned reasons, you will no longer be able to authenticate to use our Services. We may block your email address and IP address to prevent any further registration.

Tripwizy Platform

License

Subject to the terms of these General Terms and Conditions, Tripisgreat grants you a limited, revocable, non-transferable, and non-exclusive license to download, install and use a copy of each Tripwizy application in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of any part of an application, allow any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble or translate any application or any part thereof. Tripisgreat and its licensors own and retain all intellectual property rights and other rights in the applications, as well as any changes, modifications, or corrections to them.

Updates

Tripisgreat may from time to time, at its sole discretion, develop and provide updates to the Tripwizy Platform, which may include upgrades, bug fixes, patches, other error corrections and/or new features (collectively, including related documentation, "Updates").

Updates may also alter or delete in their entirety certain features and functionalities.

You agree that Tripisgreat has no obligation to provide any updates or to continue to provide or enable particular features or functionalities.

Depending on your mobile device settings, when your mobile device is connected to the internet:

• the Tripwizy Application will automatically download and install all available updates; or
• you may receive a notification or be prompted to download and install available updates upon opening the Application

You must promptly download and install all updates and acknowledge and agree that the Tripwizy Applications or parts thereof may not operate properly if you do not. You further agree that all updates will be deemed part of the Tripwizy Platform and are subject to all terms and conditions of this Agreement.

Billing and Payments

You must pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to modify the products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event of a modification or cancellation of an order, we will attempt to notify you by contacting the email address and/or phone number provided at the time the order was made.

Accuracy of Information

We take great care to provide up-to-date and quality content in Tripwizy. However, there may from time to time be errors or omissions, particularly regarding certain places listed in Tripwizy. This may affect, without limitation, the general description, history of the place, tips, address, opening hours, location, etc. We reserve the right to correct errors, inaccuracies or omissions, and to modify or update information at any time. However, we are not obligated to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or the Services themselves have been modified or updated.

Third-Party Services

If you decide to activate, access, or use third-party services, be aware that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible, and make no representation regarding any aspect of these other services, including, without limitation, their content or the way they handle data (including your data) or any interaction between you and the provider of these other services. You irrevocably waive any claim against Tripisgreat regarding these other services. Tripisgreat is not liable for any harm or damages caused or alleged to be caused by or in connection with your activation, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register or log into such other services on their respective platforms. By activating any other service, you expressly authorize Tripisgreat to disclose your data to the extent necessary to facilitate the use or activation of such third-party service.

Advertisements

During your use of the Services, you may enter into correspondence with, or participate in promotions of, advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Other Resources

Although the Services may contain links to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any endorsement, association, sponsorship, endorsement, or affiliation with any linked resource, unless expressly stated otherwise. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, Tripisgreat will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals nor the content of their resources. We assume no responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource accessed through a link on the Services.

Prohibited Uses

In addition to other terms set forth in this Agreement, you are prohibited from using the Services or Content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial, or state regulations, laws, or ordinances, or local ordinances; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of the Services, third-party products and services, or the Internet; (h) for spamming, phishing, pharming, pretexting, spidering, scraping, or harvesting; (i) for obscene or immoral purposes; or (j) to interfere with or circumvent the security features of the Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights of use, and all other intellectual property rights, registered or unregistered, including all applications and rights to apply for and be granted, rights to claim priority from, such rights and any similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Tripisgreat or third-parties, and all rights, titles, and interests in and to such property will remain (between the parties) solely with Tripisgreat.
All content available through the Services, including designs, text, graphics, images, information, software, audio files, and other files, as well as their selection and arrangement ("Service Content"), are the exclusive property of Tripisgreat or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. Between you and Tripisgreat, all data, information, and materials generated from your access and use of the Services will be solely owned by Tripisgreat, and you will not have any right to use such content except as expressly authorized by this Agreement. By using the Services, you hereby assign to Tripisgreat all rights, titles, and interests, including intellectual property rights or property rights in any content that you contribute within the Services (notices, comments, etc.).

Trademarks

"Tripwizy" and all other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or service marks of Tripisgreat or their respective owners, and some of them are registered with the European Union Intellectual Property Office (EUIPO) or other authorities. Accessing and using the Services does not grant or provide you with the right or license to reproduce or otherwise use the Tripwizy name or any third-party trademarks, service marks, graphics, or logos.

Privacy

The use of the Services is also governed by our Privacy Policy, a copy of which is located at https://tripwizy.com/privacy. By using the Services, you agree to the terms of the Privacy Policy.

Disclaimer

You agree that the Service is provided "as is" and "as available" and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements, nor that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or the accuracy or reliability of any information obtained through the Service, nor that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage or loss of data resulting from the download of such material and/or data. We do not guarantee any goods or services purchased or obtained through the Service nor any transactions entered into through the Service, unless otherwise stated. No advice or information, whether oral or written, obtained by you from us or through the Service, will create any warranty not expressly stated herein.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Tripisgreat, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the responsible party has been advised of the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Tripisgreat and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to Tripisgreat for the one-month period preceding the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold harmless Tripisgreat and its affiliates, directors, officers, employees, agents, suppliers, and licensors from any liability, loss, damage or cost, including reasonable attorney fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or part of a provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is intended that the remaining provisions or parts thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or parts thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Mexico, United States, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New Mexico, United States, and you hereby submit to the personal jurisdiction of these courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Amendments and Modifications

We reserve the right to modify this Agreement or its policies relating to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will become effective immediately upon the posting of the revised Agreement, unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contact Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the following form:
https://tripwizy.com/contact

This document was last updated on November 20, 2023.