TRIPFLOCK.COM Terms of Use

Welcome to the TripFlock.com (the “Website”/”Platform”). TripFlock (“TripFlock”/”We”/”Us”) is a travel ecosystem where consumers, travel professionals and suppliers meet (collectively referred to “User(s)”/”you”/”your(s)”).
This agreement (the “Agreement”) is an explanation of the terms and conditions by which you may use our service. Tripflock encourages you to read these terms and conditions carefully as they set out our and your legal obligations with regard to our Tripflock platform and are a reflection of the entire understanding of our relationship with you and it shall prevail any previous agreements, unless the Company, expressly and in writing, states otherwise. We ask you to agree to these terms and conditions prior to becoming a user.
1. GENERAL TERMS
1.1 .  By accessing or using the TripFlock Services (“Services”), the Website and software (“Software”) provided by us, you confirm that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered User of our Service.

1.2 .  The terms governing our agreement with companies or individuals that have contracted for a specific plan, including without limitation to “Life Time Pro Plan”, “5 Year Pro Plan”, “Ambassador Plan” or “Company Private Work Space 5 Years Plan” are set forth in a separate agreement (TBC), All Users of the Service, whether free of charge or a paid-for, must also agree to these terms

1.3 .  We reserve the right to make modifications and amendments to the Agreement at any time without any prior or express notice to you. Please visit this page from time to time in order to stay updated with our Terms of Use.

1.4 . The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.

1.5 .  For the purposes of this Agreement, “Intellectual Property Rights” means all patent, copyright, moral and mask work rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

2. LICENSE TO USE THE WEBSITE
2.1 .  Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service, as set forth in this Agreement, provided that you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose

2.2 .  TripFlock reserves all rights not expressly granted herein. TripFlock may terminate this license at any time for any or no reason without any express or prior notice to you.

3. USE OF THE WEBSITE AND SERVICES
TripFlock provides a communication platform for consumers, travel professional and suppliers. It also provides a personalized, unified desktop and social workspace for managing your entire travel or hospitality business as well as to easily organize the companies, people, tools and information you need when you are planning things to do.

3.1 .  In order to use the Services you will need to register with TripFlock and create a user account (“Account”), which will give you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.

3.2 .  The Username and password are always necessary to use our services and jointly shall be referred to as Login information. The User shall be solely and fully responsible to maintain the confidentiality of their login information. The User shall refrain from making their login details known or available to any third parties. TripFlock shall not be held liable for any loss or damage resulting from a loss of a User’s password. It is your duty to inform us of any possible or reasonable apprehension about any breach that is or has been caused to the service, this Agreement or to your Account by any third party as soon as possible as TripFlock will not be liable for your losses caused by any unauthorized use of your account and you shall be liable for the losses of TripFlock or others due to such unauthorized use.

3.3 .  TripFlock hereby reserves the right to suspend, temporarily restrict, limit, alter, modify or permanently terminate User Accounts provided that (a) we sincerely and reasonably believe that or suspect that your activities are in violation of our Terms of Use and privacy policy or any related rule or guidelines released by us at any point of time; (b) we sincerely and reasonably believe that or suspect that your activities directly threaten or harm the commercial or any related interest of TripFlock or any affiliated entities; (c) we sincerely and reasonably believe or have grounds to believe that your activities on the Website may give rise to legal disputes or liabilities for us or any affiliated entities; (d) your activities in the past have created or invited legal liabilities for us or any of our affiliated entities; (e) we sincerely believe, suspect or have evidence that your activities on the Website have infringed the intellectual property rights, whether ours or of third parties; (f) we sincerely believe, suspect or have evidence that your activities concerning dispute with another User have tarnished or might tarnish the images and goodwill of the Website.

3.4 .  You acknowledge that TripFlock may charge a fee for the use of some of the Services provided. TripFlock shall notify you of any such fee before you incur it and it is to your sole discretion whether you agree and pay such fee. If you refuse to pay the fee you understand that TripFlock might not provide you with the service that fee is applicable to.

3.5 .  TripFlock does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

3.6 .  Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

4. OWNERSHIP
4.1 .  The services offered by TripFlock including, but not limited to, any concepts, ideas, artwork, animations, sounds, methods of function, coding related to computer, moral and legal rights, documented archives, musical work, audio effects, profiles, accounts of Users, any non User published content except third party advertisements and any other data related to us and published by us are copyrighted works owned by us.

4.2 .  We reserve complete rights, without limitation, to all moral and intellectual property rights and related proprietary rights, in connection with the service, as further specified in our Copyright Policy.

4.3 .  We reserve the right to change, modify, alter, amend or delete any content on our Website without prior consent or information and with a just in time notice in situations we seem appropriate to.

4.4 .  No User shall have the right, without our express consent, to change, alter, modify, reproduce, amend, distribute or transfer all or any part of the materials specified in section 3.1, and in accordance with our Copyright Policy. Nothing within this clause shall be deemed to give rise to any liability on us due to User posted content on our Website or through our services. We reserve the right to terminate or suspend any account.

5. USER GENERATED CONTENT
5.1 .  Certain areas of the Service may enable Users to post and share information (“User Content”). The User shall be solely responsible for any liability arising out of the User Content posted by him through our services. You are the only owner of the User Content and you agree that we are only acting as a passive conduit for the distribution and publication of your user content and we will not review, distribute or otherwise share the content in any other manner except as it is provided in our Privacy Policy or as may be required by law. You shall bear all responsibility for any defamatory, libelous, offensive, objectionable and abusive content you post or share, since TripFlock disclaims all liability in this matter and reserves the right to remove any content we deem inappropriate.

5.2 .  Along with the above, TripFlock assumes no liability and takes no responsibility for any User Content that you, any other Users, whether or not connected to you, directly or indirectly, or any third parties, post, share, distribute, send, upload, download, stream, transmit, display or otherwise make available (collectively “make available”), publicly or privately, via the use of, or on the Service. You hereby understand and agree that any loss or damage of any kind that may arise from the User Content made available via the Service is solely your responsibility as TripFlock disclaims all liability in that matter. TripFlock shall also bear no responsibility and at no time shall be held liable for any misuse or public display of your User Content.

5.3 .  The User shall not post any User Content which (a) may be and can be deemed as harmful to the interests of us or any associated parties; (b) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (c) may create or can be reasonably deemed to create a risk of any other loss or damage to any person or property; (d) contains any information or content that is illegal, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people to any extent whatsoever, libelous, threatening, or otherwise objectionable; (e) may constitute or contribute to a crime or tort; (f) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (g) contains any information or content that you know is not correct and current.

5.4 .  You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, as specified in this Agreement, rights of publicity and rights of privacy.

5.5 .  You understand that publishing your User Content on the Service does not amount to substitution of registering the Content with the U.S. Copyright Office, or any other copyrights organization.

5.6 .  The User shall have the freedom to post comments in forums, provide suggestions or proposals to us through support@tripflock.com. Notwithstanding that, and complying with data protection legislation, in no event, TripFlock is obliged to (a) maintain any confidentiality of your submission, comment, proposal or information; (b) respond or accept your suggestions, comment, proposal, information or submission in any way. TripFlock reserves the right to employ any of your suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to you.

5.7 .  Along with the provisions set forth in clause 5.1, You grant us and our affiliates a worldwide time-limited license to, copy, store/host, transmit and display your User Content, excluding, without limitation, private messages, client records, company records and other related personal information as further stipulated in our Privacy Policy, as necessary for Us to provide you with the Service in accordance with these Terms of Use. Along with that, we acquire no right, title or interest from You under these Terms of Use in, to or in relation with your User Content or your data.

5.8 .  You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that TripFlock shall not be liable for any damages you allege to incur as a result of such User Content.

5.9 .  The User hereby agrees to indemnify us, TripFlock Inc or any affiliated entities for any liability that it may have to incur due to the User posted content.

5.10 .  If we, at any time, receive a notice alleging that the User Content published by you on the Website constitutes an infringement of another party or parties’ copyright, we may remove that material pursuant to Title II of the Digital Millennium Copyright Act 1998 (section 512 of the U.S Copyright Act).
6. USER DISPUTES
6.1 .  The Users shall be solely responsible for their actions and interactions on the Website or while using the Service. At no time shall TripFlock be held liable for, involved in resolution of, or asked for compensation with regard to, any kind of dispute between any two or more members.

6.2 .  We hereby reserve the right to terminate the account of Users, who have, due to their public display of dispute, tarnished the image and popularity of our Website and/or Company or whom we reasonably believe that may do so in future.

7. LINKS TO THIRD PARTY WEBSITES AND CONTENT
The Website may contain links to third-party Websites as well as display third-party content. We do not monitor or control the linked Websites or content, and we are not responsible for the contents of any linked Website. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked Website by TripFlock. Before proceeding with any transaction with any of these third parties you should make whatever investigation you feel necessary or appropriate.

8. UNDERTAKINGS OF TRIPFLOCK
8.1 .  TripFlock undertake is to provide you with the Services according to the highest standards of professional ethics and good faith at all times. We grant you a permission to create and maintain your Account, and use the Service according to the rules set forth in the Agreement.

8.2 .  TripFlock will put its best endeavors to provide the User with a service in compliance with the Safety Harbour System principles and the Privacy Policy of the Platform. You can see the full version of our Privacy Policy here

9. UNDERTAKINGS AND OBLIGATIONS OF THE USER
9.1 .  As a condition precedent of the use of the Website, you warrant and declare that:(a) all information provided by you is true, accurate, current and complete, (b) if you hold a TripFlock account, you will safeguard your account and login information, supervise and be completely responsible for any use of your account by anyone other than you and (c) possess the legal authority to enter into this agreement and to use this Website in accordance with the Agreement.

9.2 .  Upon Account registration you agree to provide us with true, accurate and authentic information, which you agree to update, should it change with the time. Such information may include but is not limited to first name, last name, sex, age, marital status and address. To know more about the information you provide to us, please see our  Privacy Policy

9.3 .  You are solely responsible for all your activities in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be result in termination of your right to Services or to access the Website. You shall also refrain from attempting to gain any access to our databases, User files and folders at any time as well as from attempting to gain unauthorized and unlawful access to accounts registered by other Users to access our services.

9.4 .  The User shall not recompile, disassemble, copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this Website. The User may not rent, lease, sell, sublicense or lend the Service to any other party, with or without consideration.

9.5 .  You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial purposes. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.

9.6 .  You shall never use or operate another User’s account, unless express permission is granted to you.

9.7 .  You agree not to use or launch any automated system, including but not limited to, “robots,” “spiders,” or “offline readers, that accesses the Service in a way that sends more request messages to the TripFlock servers than a human can reasonably produce in the same timeframe by using a conventional online web browser.

10. CONFIDENTIALITY
10.1 . For the purposes of these Terms of Use, “Confidential Information” means your information which is not generally known to the public and is or should be reasonably understood to be confidential or proprietary to you or intended to be kept confidential, including without limitation, client records, internal messages, staff records, CRM, quote and invoice data, email addresses and client phone numbers.

10.2 . 2 Along with the above, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to you, (b) is received from a third party without breach of any obligation owed to you, or (c) was independently developed by TripFlock.

10.3 . TripFlock will keep completely confidential the Confidential Information disclosed to us and will not publish, disseminate, distribute, disclose, sell, assign or otherwise make use of any of your Confidential Information. We will use the same degree of care that we use to protect the confidentiality of our own confidential information of similar kind (but not less than reasonable care).

10.4 . The User hereby agrees that Confidential Information disclosed to TripFlock may be disclosed to employees, agents, contractors, sub-contractors, legal counsels, accountants and other associated parties who need access to the Confidential Information for purposes of Service provision to users and who have signed confidentiality agreements with us .

10.5 . TripFlock may disclose Confidential Information to the extent compelled by law to do so. We will give you prior notice of the compelled disclosure (to the extent legally permitted).

11. ELIGIBILITY
TripFlock shall have absolute discretion as to whether or not it permits a particular User to use or access the Website or any Website Content. The Website is available only to individuals and entities who can form legally binding contracts under applicable law. The Website and the Website Content are not available to persons that are minors under the laws of their jurisdiction of residence or persons who do not have the legal authority to enter into legally binding contracts.

12. PRIVACY
We care about the privacy of our Users and adhere to the Safety Harbor Principles.. In order to view our full Privacy Policy, please click here. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

13. DISCLAIMER OF WARRANTIES
13.1 .  TripFlock has no special or fiduciary relationship with you. You acknowledge that TripFlock has no control over, and no duty to take any action regarding which users gain access to the Website; or what effects the content may have on you. You acknowledge that the services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind whatsoever. Employees, our affiliates, service providers make no warranty as to our Website and the entire risk is with you. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. WE MAKE NO WARRANTY OR GUARANTEE THAT THE CONTENTS OF THE WEBSITE ARE COMPLETE, ERROR-FREE, OR THAT THE WEBSITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS YOUR RESPONSIBILITY TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE WEBSITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE WEBSITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE WEBSITE, AT ANY TIME WITHOUT NOTICE. WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.

13.2 .  IN NO EVENT SHALL TRIPFLOCK BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR EQUIVALENT TO ONE MONTH USER OR COMPANY PLAN FEE; OR (II) FOR DAMAGES OF ANY KIND WHATSOEVER.

13.3 .  TripFlock shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TripFlock reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

14. INDEMNITY
User will indemnify and hold TripFlock, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Website, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

15. TERMINATION
TripFlock reserves the right to terminate any User's access to the Website without notice, at any time, for any or no reason. Any User found in violation of these Terms of Use, as determined by TripFlock in its sole discretion, shall forfeit any right to receive payment for or a refund of any amounts. TripFlock reserves the right to pursue claims against Users for direct damages arising from or relating to such User's use of the Website or the Website Content to the full extent of the law.

16. MODIFICATIONS TO THIS AGREEMENT
TripFlock reserves the right to modify the Agreement at any time without any prior notice. We encourage you to visit the Website Terms of Use page in order to be aware of the current version of the Agreement as you are responsible for reviewing and becoming familiar with any such modifications. If you continue to use of the Services by after such notification you expressly accept the Terms of Use of the Agreement as modified.

17. SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with TripFlock prior written consent.

18. FORCE MAJEURE
We maintain that we shall not be held liable for any failure or departure from any duty which has happened due to circumstances beyond our reasonable control which includes, but is not limited to, natural disasters like flood, earthquake, acts of God, war, terrorism, religious and other riots, economic and technological embargos etc.

19. ASSIGNMENT
We maintain that we shall not be held liable for any failure or departure from any duty which has happened due to circumstances beyond our reasonable control which includes, but is not limited to, natural disasters like flood, earthquake, acts of God, war, terrorism, religious and other riots, economic and technological embargos etc.

20. COMPLAINTS
The User who experiences a problem with the Service provided by TripFlock should raise the matter directly to the Company via the form of contact provided at the Website. The Company will put its best endeavors, but is at no time obliged to, resolve the matter in question to the satisfaction of the User.

21. CHOICE OF LAW AND DISPUTE RESOLUTION
21.1 .  The Agreement is construed and shall be governed by the Law of Florida. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one, arbitrators to be agreed between us and the User, or failing agreement within fourteen calendar days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the appointing body of the American Arbitration Association. The place of arbitration shall be West Palm Beach. Florida law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

21.2 .  In the event of any claim, immediate notice must be given to TripFlock (via support@tripflock.com) within seven (7) working days following the discovery of the facts or within thirty days as per date of completion of the Service.

21.3 .  Nothing in this agreement shall prevent us from approaching a competent court for appropriate relief that may include, but is not limited to, interim relief, monetary relief, injunction, or restitution.

22. CONTACT US
WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS OF SERVICE, PRIVACY POLICY, COOKIE POLICY OR COPYRIGHT POLICY. Any question or suggestion regarding the Agreement shall be forwarded to support@tripflock.com.