TravelPal provides a Software as a Service (SaaS) platform designed to assist travelers in planning their vacations. The platform generates itineraries based on user preferences and allows users to invite friends to help plan the trip. Users can visit the websites of third-party providers to book experiences suggested in their itinerary. TravelPal does not have control over, nor does it assume any responsibility for, the actions, products, services, or content of these third-party providers and is not liable for any issues or damages that may arise from the use of these third-party services. It is not involved in any part of the booking process or the fulfillment of experiences booked through third-party websites.
Users must create an account using their name, email, and password to access the platform. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer or device. Users agree to accept responsibility for all activities that occur under their account.
Notwithstanding any other provision in these Terms and Conditions, TravelPal categorically disclaims all warranties, whether stated explicitly or implied, including, but not restricted to, the implied warranties of merchantability, suitability for a specific purpose, and non-violation of proprietary rights. Furthermore, TravelPal absolves itself from any responsibility for direct, indirect, incidental, punitive, special, consequential, or exemplary damages that may ensue from the utilization or incapacity to utilize the services provided. This includes, but is not limited to, damages arising out of the usage of or reliance on third-party websites or the booking process, regardless of whether these damages arise in contract, tort (including negligence), or any other legal or equitable theory of liability, even if TravelPal has been advised of the possibility of such damages.
Users hereby affirm their commitment to strictly adhere to all applicable laws, regulations, and ordinances while utilizing the TravelPal platform. This includes, but is not limited to, refraining from any form of fraudulent activity, misrepresentation, or illegal conduct. Users must ensure that their use of the service does not infringe upon the rights of others or violate any legal statutes. Failure to comply with this provision may result in immediate termination of the user's account and access to the service, at TravelPal's sole discretion.
Users are responsible for reading and understanding the terms and conditions of third-party websites before making any bookings. TravelPal does not endorse, guarantee, or assume responsibility for the content, products, or services provided by these third-party sites.
TravelPal collects data from users to provide the service, including but not limited to, personal information such as name, email, and password. In addition to the aforementioned data, TravelPal may also collect other pertinent information necessary for the enhancement of user experience and service delivery, such as travel preferences, booking history, and user feedback.
The data collected by TravelPal will be utilized to tailor the service to meet users' individual needs, improve service functionality, and communicate updates or offers that may be of interest to the user. TravelPal is committed to protecting the privacy of its users. Accordingly, collected data will be handled in strict compliance with our privacy policy. Except as required by law or as necessary to provide the service to the user, personal information will not be disclosed or shared with third parties without explicit user consent.
Intellectual Property Disclosure: All intellectual property rights associated with the TravelPal platform and its services, including but not limited to, the software, design, text, images, graphics, user interface, visual interface, and TravelPal's trademarks and logos contained therein (collectively, "Intellectual Property"), are owned by, or licensed to TravelPal. The Intellectual Property is protected by copyright, patent, trademark laws, and various other intellectual property and unfair competition laws. Users are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the TravelPal platform and services strictly in accordance with these Terms and Conditions. This license is for the sole purpose of enabling users to use and enjoy the benefit of the services provided by TravelPal, in the manner permitted by these Terms and Conditions. No part of the platform or its services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution, without TravelPal's express prior written consent.
Users are hereby granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and utilize the TravelPal platform solely for personal, non-commercial use. This license is conditioned upon users' compliance with all terms, conditions, policies, and notices stated herein. Under this license, users are permitted to view, download (where applicable), and utilize the TravelPal platform for the purpose of planning and organizing personal travel itineraries. However, it is strictly prohibited to use the TravelPal platform for any commercial purpose, to duplicate, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download (except as expressly provided in these terms), store, or transmit any of the material on our platform, except as generally and ordinarily permitted through the platform according to these terms and conditions. Any use of the TravelPal platform not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL TRAVELPAL BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TRAVELPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRAVELPAL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRAVELPAL FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRAVELPAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS AND INDEPENDENT CONTRACTORS AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO ANY USER CONTENT THAT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SERVICES OR YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ACTUAL OR THREATENED SUIT, DEMAND OR CLAIM MADE AGAINST TRAVELPAL AND/OR ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS OR CONSULTANTS, ARISING OUT OF OR RELATING TO THE USER CONTENT, YOUR CONDUCT, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
TravelPal reserves the right, at its sole discretion, to terminate or suspend a user's account at any time, for any reason, including but not limited to a breach or violation of these Terms and Conditions. Upon such termination or suspension, the user's right to access and use the TravelPal platform and services will immediately cease, and TravelPal may, without liability to the user or any third party, immediately deactivate or delete the user's account, as well as all related information and files in the account, and/or bar any further access to such information or files, except as may be required by law.
TravelPal may, at its sole discretion, discontinue or terminate the provision of its services, in whole or in part, at any time without prior notice. In the event of termination, TravelPal will endeavor to provide users with reasonable notice, to the extent practicable, and will offer information regarding the termination process. Users acknowledge that TravelPal is not liable to any user or third party for any modification, suspension, or discontinuance of the services.
These terms and conditions will be governed by the laws of the State of New York, County of New York, without regard for conflict of law principles.
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms and Conditions, including any questions regarding its existence, validity, interpretation, breach, or termination, shall be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY DISPUTE BETWEEN THEM ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS AND CONDITIONS.
8.1 Disclaimer of Warranties: The Service provided by TravelPal is on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, TravelPal disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TravelPal does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. TravelPal does not warrant or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise.
8.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
8.3 Limitations on Warranties: The warranties provided by TravelPal shall be limited to the greatest extent permitted by law. In no event shall TravelPal be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Service or with the delay or inability to use the Service, or for any information, software, products, and services obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, strict liability, or otherwise, even if TravelPal has been advised of the possibility of damages.
8.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
These terms and conditions constitute the entire agreement between the user and TravelPal.
TravelPal may amend these terms and conditions at any time. Users will be notified of any changes and will be required to accept the updated terms to continue using the platform.By using the TravelPal platform, users agree to these terms and conditions. These terms and conditions are effective as of March 28, 2024. TravelPal reserves the right to modify these terms and conditions at any time, with or without notice. Any changes will be effective upon posting of the revisions on the TravelPal platform.