Thank you for your interest in Tripmapper Ltd ("TripMapper" or "we" or "our" or "us") and our travel planning and budgeting tool, along with our website at https://tripmapper.co, our web application ("Web App"), our mobile applications ("Mobile App") and other services provided by us, excluding TripMapper Agent (collectively, the "Service"). These Terms of Service are a legally binding contract between you and TripMapper regarding your use of the Service. As used herein, “you” or “your” or “user” or “users” means any user accessing and using the Service, and hereby agreeing to these Terms.
Use of TripMapper Agent by travel agents and travel operators is subject to our TripMapper Agent Services Agreement, and these Terms do not apply to the use of TripMapper Agent, except where otherwise noted.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
YOUR USE OF THE SERVICE, AND TRIPMAPPER’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TRIPMAPPER AND BY YOU TO BE BOUND BY THESE TERMS.
1.1 We are TripMapper Ltd a company registered in England and Wales. Our company registration number is 12755452 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
1.2 We have designed and developed a travel itinerary app which enables you to organise your travel plans. Once you have created a TripMapper account you may choose whether to use our free 'Trip' plan or a subscription-based 'Trip+' paid plan.
2.1 If you want to learn more about the Web App and/or Mobile App or have any problems using them please take a look at our support resources in the Help Centre or contact us using 'Chat with Us'.
2.2 If you wish to contact us for any other reason please email our customer service team at email@example.com. If we have to contact you we will do so by emailing you using the email address you provided to us when you set up your TripMapper account.
3.1 Apart from TripMapper's itinerary embed feature, our Service is to be used for personal use only, not for business or commercial use.
3.2 You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
4.1 We require you to set up a TripMapper account to access all or a portion of the Service. When you register for a TripMapper account, you will be required to provide us with some information about yourself, such as your name, email address or other contact information ("Registration Information"). If you invite another individual user to edit and/or view a TripMapper travel itinerary, (such user, an “Authorised Collaborator”), you will be required to provide us with the Authorised Collaborator’s Registration Information. You agree that all Registration Information you provide to us, including an Authorised Collaborator’s Registration Information, is accurate and that you have all necessary consents, rights and approvals to provide such information. If any of your Registration Information changes, you must immediately update the information in your TripMapper account settings. We shall not be liable for information sent to an outdated email address.
4.2 When you register for a TripMapper account you will be asked to provide a password. You are responsible for maintaining the confidentiality of your Registration Information, TripMapper account and your password, and you accept responsibility for all activities that occur under your TripMapper account. We shall not be liable for or responsible for any losses, damages, liabilities or expenses caused by your disclosure of your TripMapper account password to any third party.
4.4 You are responsible for configuring your information technology, computer programmes and platform in order to access the Service. You should use your own virus protection software.
4.5 If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, to prevent unauthorised access to your information or TripMapper account.
5.1 If you invite an Authorised Collaborator to edit or view a TripMapper travel itinerary the Authorised Collaborator will need to set up their own TripMapper account and agree to these Terms in order to edit or view the TripMapper travel itinerary.
5.2 You are responsible for:
a) identifying the Authorised Collaborator and ensuring that you have the Authorised Collaborator's consent to provide us with their Registration Information;
b) approving access to the Authorised Collaborator and designating appropriate access controls in connection with the TripMapper travel itinerary;
c) controlling against unauthorised access by the Authorised Collaborator; and
d) all activities that occur whilst collaborating on the TripMapper travel itinerary with the Authorised Collaborator.
5.3 We shall not be liable for any losses, damages, liabilities or expenses suffered by you in connection with, or relating to, an Authorised Collaborator viewing or editing a TripMapper travel itinerary.
5.4 An Authorised Collaborator will no longer have access to view or edit a TripMapper travel itinerary if:
a) their access is terminated by you or another Authorised Collaborator with permission to terminate their access;
b) you delete the TripMapper travel itinerary; or
c) your TripMapper account is terminated for whatever reason.
5.5 We shall not be liable for any losses, damages, liabilities or expenses suffered by an Authorised Collaborator in connection with, or in relation to, removal of access or inability to access to a TripMapper travel itinerary in accordance with clause 5.4.
5.6 You acknowledge and agree that your communications with other users and any Authorised Collaborator and any information input into a shared TripMapper travel itinerary may not be private communications. Therefore, we strongly encourage you to limit disclosure of any personal data in any such communications or when inputting information into a shared TripMapper travel itinerary to only that which is absolutely necessary to use the Service. Personal data includes information relating to natural persons who can be identified or who are identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information. You must not Post, transmit, or share special category data of any user, including your own special category data, on the Service. Special category data is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerns a person’s sex life and data concerning a person’s sexual orientation. We are not responsible for information that you choose to share with or communicate to other users of the Service, or for the actions of other users. You assume all risks associated with sharing information with or communicating with other users or an Authorised Collaborator through the Service.
6.1 You can set up a TripMapper account free of charge on the Web App and/or the Mobile App. Once you have created a TripMapper account you may choose whether to use a free 'Trip' plan (“Free Plan”) or the auto-renewing subscription based 'Trip+' paid plan (“Paid Plan”). TripMapper offers a monthly and a yearly auto-renewing subscription for the Paid Plan.
6.2 Prices and descriptions of our Free Plan and our Paid Plan are outlined in the respective sections of the Service, and may change from time to time without notice. You will be informed during the purchasing process and before order submission about any applicable fees, taxes and costs that you will be charged in addition to the price. We are not obliged to honour prices that are the result of obvious errors and which you could reasonably be expected to know are mispricing.
6.3 We use third-party payment processors (“TPP”) to collect payments on our behalf. You will need to provide the information needed by us or our TPP to collect payments. You agree that all information that you provide will be accurate, current and complete. You represent and warrant that you have the legal right to use any payment card or other payment mechanism used to purchase a Paid Plan. If you pay with a credit card the TPP may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If a payment fails, we or our TPP may try again. When we, or our TPP, aren’t able to process a payment you won’t be able to use/access the part of the Service the failed payment relates to.
6.4 By submitting an order for the Paid Plan you are obliged to pay the price, taxes and possible further fees and expenses, as specified on the order page (“Subscription Cost”). You authorise us or our TPP to charge and collect the Subscription Cost to the payment method specified.
6.5 If you have registered for a TripMapper account via our Mobile App, the Paid Plan must be purchased via a third party app store. To access such purchases, you must follow the instructions provided on the relevant online store such as Apple App Store or Google Play, which may vary depending on the particular mobile device in use. Unless otherwise specified, purchases done via third party online stores are also subject to such third parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms of Service. Therefore if you purchase through such third party online stores you must read such terms and conditions of sale carefully before accepting them.
6.6 If you sign up to the Paid Plan through a free trial offer, a payment will be authorised by your bank, but no payment will be taken by us (you should be aware however that this may affect your available balance or credit limit). Your debit/credit card will be debited the Subscription Cost when the free trial offer ends.
6.7 The Paid Plan subscription is auto-renewable. This means that it will automatically renew for the subscription period you chose or otherwise specified during the purchasing process unless you cancel your subscription, or we cancel your subscription. The TPP will bill the periodic subscription fee to the payment method you provided during subscription set up (or to a different payment method if you change your payment information).
6.8 If you want to stop your subscription from auto-renewing you must do this at least 24 hours before the current subscription period ends or you will be charged for the next subscription period. If you cancel your subscription before your next subscription period is due to start you will continue to have access to the Paid Plan until the end of the subscription period you have paid for but it will not be automatically renewed after that. You can re-activate your Paid Plan at any time. Please note, if you cancel your subscription and also delete your TripMapper account, such termination will be effective immediately which means you will not be able to use your Paid Plan until the end of the subscription period you have paid for and you will not receive a refund for any amounts you have already paid.
6.9 For purchases of the Paid Plan made via Apple App Store or Google Play you can cancel your subscription in your mobile device’s account settings after purchase. For purchases of the Paid Plan via the Web App you can cancel your subscription directly within the Web App after purchase.
6.10 TripMapper may suspend or terminate access to the Paid Plan for which any sums are due but unpaid.
6.11 All subscription fees are non-refundable (unless required to do so by law).
6.12 TripMapper, at its sole discretion, may make promotional offers with different features and different pricing to any of our users or potential users. These promotional offers, unless made to you, will not apply to your offer. We reserve the right to modify or discontinue any discounts, free trials or promotions we offer at any time, temporarily or permanently, without notice to you. Promotional offers cannot be redeemed in conjunction with any other promotional offers. You may only use a promotional offer, discount code or free trial once.
6.13 You are solely responsible for any fees or charges incurred to access the Service through an internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that we are not liable in any way for any third party charges you may incur.
7.1 Certain features of the Service permits users to upload content to the Service including data, text, photographs, images, notes, attachments and other types of works or content (collectively “User Content”), and to otherwise upload, publish or display (hereinafter, "Post" or "Posting" or "Posted") User Content on or through the Service.
7.2 You must not Post, transmit, or share special category data of any user, including your own special category data, on the Service. Special category data is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerns a person’s sex life and data concerning a person’s sexual orientation.
7.3 We may permit you to share User Content or the results of processing User Content outside of the Service, or even make certain User Content or the results of processing User Content public for all to view including non-Service users. When sharing User Content in this way you must not share your own personal data or the personal data, including special category data, of any other natural persons.
7.4 You acknowledge and agree that, although we may provide certain features intended to allow you to restrict access from others of some User Content you create, we do not guarantee that such User Content or any results of processing User Content will never be accessible by others. To the fullest extent permitted by law, we are not responsible for the use of any User Content or results of processing User Content by users or non-users of the Service or any third parties.
7.5 We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content to the Service. By providing User Content to the Service, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licences, rights, consents, and permissions to use and to authorise TripMapper and users of the Service to use and distribute your User Content as necessary to exercise the licences granted by you, in the manner contemplated by TripMapper, the Service, and these Terms;
b) you agree to pay all royalties, fees and any other monies owing any person by reason of User Content that you Posted to or through this Service;
c) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person or company; or (iii) cause TripMapper to violate any law or regulation; and
d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
7.6 When you Post User Content to the Service, you authorise and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary to facilitate the transmission, Posting and storage of the User Content on the Service.
7.7 We are under no obligation to edit or control User Content that you or other users Post, and will not be in any way responsible or liable for User Content and any harm resulting from User Content. However, you acknowledge and agree that TripMapper may, but is not obligated to, at any time and without prior notice, review, screen, remove, block or edit User Content if in our sole judgment the User Content violates these Terms or is otherwise objectionable, offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. We shall not be liable for any losses, damages, liabilities or expenses suffered by a user in connection with, or in relation to, the removal, deletion, blocking or rectification of User Content.
7.8 We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting User Content. Accordingly, we assume no liability for any action or inaction regarding your User Content.
7.9 Once User Content has been deleted from the TripMapper account either by direct action by the user or on expiration of TripMapper’s retention period in accordance with applicable data protection law, no record of the User Content is retained and the User Content cannot be recreated by the Service.
7.10 You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you Post or store on the Service or provide to TripMapper.
8.1 In these Terms “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
8.2 TripMapper and its licensors shall retain ownership off all Intellectual Property Rights in or arising out of or in connection with the Service (including but not limited to the Web App and Mobile App), excluding the User Content. You agree that you will not infringe our, or our licensors’, Intellectual Property Rights.
8.3 Subject to your complete and ongoing compliance with these Terms, TripMapper grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) install and use the Web App and/or Mobile App associated with the Service from a legitimate marketplace on a device that you own or control; and (b) access and use of the Service in accordance with these Terms. You shall not sub-licence, assign or otherwise transfer the rights granted in this clause 8.3.
8.4 You shall retain ownership of your User Content. You grant TripMapper a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence (with the right to sublicence) to use, host, store, transfer, display, perform, copy, reproduce, modify, export, process, transform, and distribute your User Content for the purpose of providing the Service to its users.
8.5 By providing User Content to or via the Service to other users of the Service, you grant those users fully paid-up, worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to access, use, modify, and distribute that User Content as permitted by these Terms.
9.1 If you choose to provide us with suggestions regarding problems with or proposed modifications or improvements to the Service, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), then you hereby grant TripMapper an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. You agree that (a) TripMapper shall be able to use and publicly share Feedback you provided directly to us without your consent, only if TripMapper does not use your name or username; (b) if you give prior consent, TripMapper shall be able to use and publicly share the Feedback you provided directly to us and use your name or username; (c)TripMapper shall be able to use and publicly share Feedback and use your name or username without your consent if the Feedback and name or username is already in the public domain following your disclosure, which includes, but is not limited to, reviews and ratings on the Google Play Store and the Apple App Store; (d) TripMapper owes you no obligation or compensation whatsoever regarding Feedback; and (e) TripMapper may already have contemplated or be contemplating the same or similar ideas as your Feedback.
10.1 You understand that the Service may contain links to third party websites and you may be exposed to third party content whilst using the Service. You acknowledge and accept that these linked third party websites are not under TripMapper’s control, and TripMapper is not responsible for their content. You also acknowledge and accept that third party content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TripMapper with respect to such third party content.
10.2 The Service uses third party data to enable users to have use of certain Web App and Mobile App features. Although third party data is generally accurate you acknowledge and accept that third party data may not be accurate, current and complete and that errors may occur. You also acknowledge and accept that third party data may not always be available, accessible, timely and uninterrupted. Third party data is not under our control, and, to the fullest extent permitted by law, TripMapper is not responsible for any third party data.
10.3 We may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that we may transfer that information to the applicable third party service. Third party services are not under our control, and, to the fullest extent permitted by law, TripMapper will have no liability or responsibility for any third party service’s use of your exported information.
11.1 You will not do, nor attempt to do, any of the following with respect to the Service (which for the avoidance of any doubt includes the Web App and the Mobile App):
a) access the Service in a manner or through an interface not provided or authorised by TripMapper, including but not limited to, any automated means (e.g. scripts or bots);
b) use or provide software or services that circumvent, interact, or interoperate with our Service in ways that are prohibited by these Terms;
c) access or use the Service in violation of any usage restrictions or other limitations associated with the level of Service you have selected to access and purchase;
d) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive, create derivative works or gain access to the source code of any part of the Service;
e) modify, copy, reproduce, duplicate, publicly display, republish, upload, transmit or distribute the whole or any part of the Service, including the code and software from any part of the Service;
f) copy the ‘look and feel’ of any part of the Service;
g) sell, trade, resell, distribute or exploit the Service, and any information available on the Service, in any medium, including, but not limited to, making information provided by TripMapper on a paid-for only basis accessible to non-paying individuals or entities;
h) translate, merge, adapt, vary, alter or modify, the whole or any part of the Service nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these Terms;
i) attempt to gain access to TripMapper’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise;
j) interfere with or circumvent any feature of the Service, including but limited to any security-related or access control mechanisms of the Service, including by dissembling, decompiling or reverse engineering or otherwise attempting to discover the source code of any portion of the Service;
k) interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal data about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
l) use the Service to install or attempt to install or promote, or Post User Content that constitutes or contains spyware, malware or other computer code designated to enable you or others to gather information about or monitor the online or other activities of any individual or entity;
m) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
n) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service or any operating system;
o) use the Service to Post, transmit, share, store or otherwise make available any User Content that is or we deem to be: harmful, threatening, unlawful, defamatory, discriminatory (including on the basis of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, pregnancy and maternity), offensive, hateful, infringing, abusive, inflammatory, harassing, vulgar, obscene, invasive of privacy or publicity rights; facilitating or promoting illegal activity; depicting sexually explicit images; promoting unlawful violence;
p) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accessing any other TripMapper account without permission;
q) use or exploit the Service for any commercial purpose, including, but not limited to, Posting, transmitting, sharing or otherwise making available any unsolicited or unauthorised advertising, solicitations, promotional materials or any other form of solicitation;
r) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service;
s) use the Service to infringe, or encourage others to infringe, our Intellectual Property Rights or those of any third party;
t) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service, including any copy thereof;
u) sell or otherwise transfer the access granted under these Terms; or
v) attempt to do any of the acts described in this clause 11 or assist or permit any person in engaging in any of the acts described in this clause 11.
11.2 The Service is not intended for users under the age of 18, and TripMapper does not knowingly collect personally identifiable information from or about individuals under the age of 18, and users are expressly prohibited from submitting personally identifiable information about individuals under 18 to us.
11.3 If you are prohibited under applicable law from using the Service, you must not use it.
12.1 You acknowledge and agree that TripMapper reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational purposes.
13.1 We may send you emails in the course of delivering the Service to notify you when User Content has been processed, shared with you or for other operational purposes. We may also send emails concerning our Service. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or by visiting help.tripmapper.co.
13.2 When you install the Mobile App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s settings page.
14.4 We will employ commercially reasonable security measures that are designed to protect personal data in our possession or control against unlawful or unauthorised access, use, alteration, or disclosure. You acknowledge and accept that internet transmissions are never completely private or secure despite the security measures we employ.
15.1 We reserve the right to change or replace these Terms at any time and in our sole discretion. It is your responsibility to review these Terms periodically to understand the extent of any changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication and your continued use of the Service following the publication will constitute your acceptance of any such changes. If you do not agree to such changes, you must stop using the Service immediately.
16.1 We reserve the right to modify or discontinue the Service at any time (including by limiting, modifying, removing or discontinuing certain features, functionality or price of the Service), temporarily or permanently, without notice to you.
16.2 We reserve the right to modify or discontinue any discounts or promotions we offer at any time, temporarily or permanently, without notice to you.
16.3 You acknowledge and accept that not all features and functionality will be available in all markets, and the features and functionality of the Web App may be different to the Mobile App.
17.1 We reserve the right to interrupt the Service to improve performance, to enhance functionality, to address security issues, for maintenance purposes, for system updates or for any other changes.
17.2 From time to time we may ask you to update the Mobile App. If you choose not to install such updates or if you opt out of any automatic updates to the Web App and/or Mobile App you may not be able to continue using the Web App and/or Mobile App or have use of all available features.
18.1 These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this clause 18.
18.2 We have the right to restrict or terminate access to the Service, including your TripMapper account, if in our reasonable opinion you breach any provision of these Terms. In addition, TripMapper may, at its sole discretion, terminate these Terms or your TripMapper account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, in addition to TripMapper’s other remedies.
18.3 You may terminate your TripMapper account and these Terms (with the exception of those terms which survive termination set out in clause 18.4 below) at any time by terminating in your TripMapper account settings or by contacting customer service at firstname.lastname@example.org.
18.4 Upon termination of these Terms for any reasons: (a) your licence rights will terminate and you must immediately cease all use of the Service, including your use of the Web App and the Mobile App; (b) you will no longer be authorised to access your TripMapper account; and (c) the clauses of these Terms which by their nature survive termination of these Terms shall so survive, including without limitation clause 8.1, clause 8.2, clause 8.4, clause 8.5, clause 9, clause 14, clause 18.4, clause 19, clause 20, clause 21, clause 24 and clause 25.
18.5 On termination of your TripMapper account we will destroy or otherwise dispose of any of your User Content in our possession in accordance with applicable data protection law.
19.1 To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TripMapper and its officers, directors, employees, consultants and subsidiaries from and against every claim brought by a third party, and any related liability, damage, obligation, loss, and expense, including lawyer’s fees and court costs, arising out of or connected with: (a) your unauthorised use of, or misuse of, the Service; (b) your breach of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your breach of any third party right, including, but not limited to, any intellectual property right or publicity, data, confidentiality, privacy or other propriety rights; (d) the nature of content or data processed by the Service; (e) any dispute or issue between you and any third party; or (f) your breach of any statutory law, rule, or regulation.
20.1 The Web App and the Mobile App are provided on an 'as is' and 'as available' basis and we do not provide any assurances of their availability or usability by you.
20.2 You need to exercise your independent judgment in relation to all your travel decisions, including but not limited to, decisions relating to destinations, transportation, activities, accommodation, experiences, eateries, health, safety, whether you travel or do not travel, and which third parties you do, or do not, decide to do business with. You are responsible for all those decisions; the consequences of doing business or not doing business with any third party; any money spent in relation to those decisions; and your trip itineraries. You acknowledge and accept that the information provided on any travel itineraries created by TripMapper and any blogs or other content Posted on TripMapper’s Service and/or social media accounts are provided for inspiration only and any information contained within is not intended to amount to advice or information on which you should rely. Furthermore, although we make reasonable efforts to review and update our travel itineraries, blogs and other content, TripMapper makes no warranties or representations, whether express or implied, that such information is accurate, timely, complete, reliable, current or error-free. TripMapper reserves the right, without prior notice, to remove and/or change its travel itineraries, blogs and any other content it Posts on the Service or on its social media accounts at any time.
20.3 The Service uses third party information and data to enable users to have use of certain Web App and Mobile App features and functionality. TripMapper makes no warranties or representations about the accuracy, accessibility, availability, timeliness or completeness of (a) any third party information or data used by the Service; (b) any content on a third party website linked to the Service; (c) any service provided by any third party; and (d) any third party information or data used to enable certain features and/or functionality on the Web App and/or Mobile App, including but not limited to, information or data relating to currency conversion, opening and closing times, journey distances, journey duration, journey arrival and departure times, travel routes, locations, addresses, map locations, flight delays, flight cancellations, any other flight changes, airport terminals, airport gate numbers and airport baggage belts.
20.4 Descriptions, images of, or references to, transportation, activities, accommodation, experiences and eateries on the Service do not imply TripMapper’s endorsement, sponsorship or approval of them. Furthermore, TripMapper makes no warranties or representations, whether express or implied, that descriptions, images of, or references to, transportation, activities, accommodation, experiences and eateries, on the Service are accurate, timely, complete, reliable, current or error-free. TripMapper reserves the right, without prior notice, to change such descriptions, images or references at any time.
20.5 The Service may contain links to other third party websites which are not provided by us. Such websites are not under our control, and we are not responsible for and have not approved: their content; the accuracy or completeness of their content; or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such third party sites, including whether to buy any products or services offered by them. Your linking to any other third party service or website is at your sole risk.
20.6 TripMapper makes no warranties or representations that the Service or any portion of the Service (or your access thereto), or any data or content offered through or processed by the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and TripMapper does not warrant that any of those issues will be corrected. TripMapper is not responsible for the failure to store or maintain any User Content, user data, user communications, TripMapper account information, or personal settings.
20.7 TripMapper makes no warranties or representations that the Service is compatible with your software or computer configuration.
20.8 The disclaimers in this clause 20 apply to the fullest extent permitted by law. TripMapper does not disclaim any warranty or other right that TripMapper is prohibited from disclaiming under applicable law.
21.1 TripMapper will have no liability or responsibility for (a) any loss of anticipated savings, any loss of use or corruption of software, data or information, any loss of or damage to goodwill and any indirect or consequential loss, arising out of or relating to the use of, or inability to use, the Service; (b) any damage, loss, injury, costs and expenses resulting from hacking, tampering or other unauthorised access or use of the Service or the information contained therein; (c) any damage, loss, injury, costs and expenses resulting from any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (d) any damage, loss, injury, costs and expenses resulting from any interruption or cessation of transmission to or from the Service; (e) any damage, loss, injury, costs and expenses resulting from any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service; (f) any damage, loss, injury, costs and expenses resulting from your access to or use of the Service; (g) any damage, loss, injury, costs and expenses resulting from content created by TripMapper, including but not limited to, your use of any information contained in any travel itineraries, blogs and other content Posted on TripMapper’s Service and/or social media accounts; (h) any damage, loss, injury, costs and expenses resulting from your use of any content Posted, emailed, transmitted, or otherwise made available through the Service; (i) any damage, loss, injury, costs and expenses resulting from the use of any Web App and/or Mobile App feature or function; (j) any damage, loss, injury, costs and expenses resulting from any errors, mistakes, inaccuracies and/or omissions in any data or information provided by a third party, including but not limited to, information or data relating to currency conversion, opening and closing times, journey distances, journey duration, journey arrival and departure times, travel routes, locations, addresses, map locations, flight delays, flight cancellations, any other flight changes, airport terminals, airport gate numbers and airport baggage belts; (k) any damage, loss, injury, costs and expenses resulting from any data or information provided by a third party being unaccessible, interrupted, untimely and/or unavailable, including but not limited to, information or data relating to currency conversion, opening and closing times, journey distances, journey duration, journey arrival and departure times, travel routes, locations, addresses, map locations, flight delays, flight cancellations, any other flight changes, airport terminals, airport gate numbers and airport baggage belts; (l) any damage, loss, injury, costs and expenses resulting from your decisions as referred to in clause 20.2; (m) any damage, loss, injury, costs and expenses resulting from you and/or an Authorised Collaborator viewing or editing your TripMapper travel itinerary; (n) any damage, loss, injury, costs and expenses resulting from changes another user makes to the TripMapper travel itinerary they invited you to collaborate on; (o) any damage, loss, injury, costs and expenses resulting from removal of access to a TripMapper travel itinerary; (p) any damage, loss, injury, costs and expenses you may suffer as a result of your dealings with a third party as referred to in clause 20.5; (q) any damage, loss, injury, costs and expenses resulting from any errors, mistakes, inaccuracies or omissions in any User Content; (r) any damage, loss, injury, costs and expenses resulting from third party booking cancellations, delays or changes; (s) any damage, loss, injury, costs and expenses resulting from the defamatory, offensive, or illegal conduct of any user or third party; (t) any damage, loss, injury, costs and expenses caused by your disclosure of your TripMapper account password to any third party; and (u) any damage, loss, injury, costs and expenses resulting from the removal, deletion, blocking or rectification of User Content.
21.2 You are solely responsible for ensuring the accuracy of all information you provide to the Service and TripMapper shall undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in your itineraries, or itineraries that you are invited to collaborate on by other users.
21.3 Our Service is to be used for personal use only, not for business or commercial use. If you use the Web App and/or the Mobile App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, business interruption, or loss of business opportunity.
21.4 If our provision of or support for the Service, including the Web App and/or the Mobile App, is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
21.6 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 or for fraud or fraudulent misrepresentation.
22.1 Purchases of a 'Trip+' plan via the Mobile App must be purchased via a third party app store as an 'in app' purchase. To access such purchases follow the instructions provided on the relevant online store (such as Apple App Store or Google Play), which may vary depending on the particular device in use. Unless otherwise specified, purchases done via third party online stores are also subject to such third parties’ terms and conditions. When purchasing through such third party online stores you must therefore read such terms and conditions of sale carefully and comply with them.
23.1 You acknowledge that TripMapper uses Google Maps APIs in both its Web App and Mobile App. By using this feature you agree to be bound by Google's Terms of Service which can be found here.
24.1 These Terms constitute the entire agreement between you and TripMapper with respect to your use of the Service and supersedes any other agreement between you and TripMapper with respect to the subject matter hereof.
24.2 We may assign or transfer our rights and obligations under these Terms at any time without notice or consent. You may not assign or transfer your rights or your obligations under these Terms, in whole or in part, without our prior written consent.
24.3 These Terms are not intended to benefit anyone other than the parties to it and, in particular, no term contained within shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
24.4 Throughout these Terms the use of the word 'including' means 'including but not limited to'.
24.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
24.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
24.7 These Terms are written in the English language. If any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall prevail.
25.1 These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. Both TripMapper and the user agree to the exclusive jurisdiction of the courts of England and Wales.