Terms & Conditions

TERMS OF USE (Non-commercial users) - Last updated: 26/08/2015

1. INTRODUCTION

1.1 This document sets out our Terms of Use, which describes how TripLinks Ltd (also referred to as ‘us’, ‘we’ or ‘TripLinks’) provides its services including the provision of the TripLinks app, website (referred to as ‘Our Platforms’). In registering and or using TripLinks the user agrees to our Terms of Use. These Terms apply only to TripLinks controlled platforms and not third party sites or other platforms which may be accessed via Our Platforms.

1.2 This agreement does not cover Terms of Use for Commercial users i.e. advertisers and commercial partners; our Terms of Use for Commercial users is covered in a separate document.

1.3 THE FOLLOWING DESCRIBES THE TERMS ON WHICH TRIPLINKS OFFERS YOU ACCESS TO OUR WEBSITES, PLATFORM AND SERVICES:

1.4 TripLinks is a social network designed to allow registered users to meet with other registered users around the world on a plutonic basis. To enable these interactions we provide “Services” via our “Platforms” including a mobile app (currently available on the iOS and Android platforms) and a supporting website (www.trip-links.com) to you the “User” subject to the terms set forth in this Terms of Use Agreement (the “Agreement”). In addition to this Agreement we would ask all users to view our Privacy Policy which can be found on our website www.trip-links.com.

1.5 This agreement may be updated, modified or replaced at any time. If and when this happens we will post the revised Agreement on one or more of Our Platforms. It is your responsibility to review the most recent Agreement. By continuing to use Our Platforms you consent to the revisions made to this agreement. This version of the Agreement supersedes all previous versions.

2. Our Platforms and access to them

2.1 In this agreement we use the terms ‘Our Platforms’, ‘Platforms’, ‘TripLinks’ and ‘Service’ to describe our website and mobile app. In using TripLinks you agree to comply with all relevant laws (both international and domestic) or other regulations.

2.2 Eligibility. You must be at least 18 years old to use TripLinks. We reserve the right to temporarily or permanently suspend a user’s account if we believe that the user is not at least 18 years old. By registering with or using TripLinks you warrant that you are old enough to use our service. We also reserve the right to temporarily or permanently suspend a user’s account where we suspect the user of misuse or abuse of other users.

2.3 Password and Security. When you register with TripLinks you will be required to create a password. You agree to keep this information confidential and take reasonable measures to do so. You accept liability for all loss and damages resulting from your failure to do so. You should notify us immediately of any unauthorized use of your user name or password or if you are aware of any other security breech using your details. You agree that TripLinks shall not be liable for any loss or damage resulting in your failure to comply with this clause.

2.4 Fees and Payments. Access to TripLinks is free for users. We may change this policy in the future and will notify you at the time.

3. Use of Platform

3.1 Control. You, are entirely responsible for all of your Public Information that you transmit via TripLinks. We do not control your Public Information. We also do not control the Public Information broadcast by other users. We cannot and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. You understand that TripLinks will not be liable for any loss or damage relating to Public Information supplied by you or other users.

3.2 Grounds for Removal, Sanction and/or Suspension. We may suspend or cancel your service at any time without reason. However, the following will provide us with the grounds to cancel or suspend you use of TripLinks:

  1. Anything action considered harmful, threatening or intimidating to other users including cyber stalking or bullying or stalking or bullying in the real world;
  2. Committing fraud or making fraudulent claims;
  3. Anything which is unlawful or promotes unlawfulness;
  4. Unlawful discrimination
  5. Posting obscene material including but not limited to pornography or adult material;
  6. Posting material which is subject legal (civil or criminal) restrictions which may not be shared publicly including protected intellectual property;
  7. Spam, unsolicited commercial advertisements or promotions;
  8. Inappropriate material which is contrary to the spirit of TripLinks;
  9. Using TripLinks to generate leads for a commercial enterprise or service;
  10. Refusing to follow reasonable requests by TripLinks;
  11. Violations of this agreement;
  12. Disclosure of members’ personal information to unauthorized parties;
  13. Posting defamatory or libelous content about TripLinks on other platforms;

3.3 For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, TripLinks and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.

3.4Interference with Platform. You agree that you will not do anything which may affect TripLinks adversely. This includes hacking our Platforms, exposing it to viruses or routines which may in some way compromise the security or functionality of the service. You agree not to place a disproportional or unreasonable load on our service.

4. Meetings

4.1 Meetings. TripLinks provides you with tools to arrange physical meetings. We do not supervise these meetings are not involved in any way. TripLinks has no control over the actions of the individuals who are present at these meetings, and we request that our users exercise caution and good judgment when attending these meetings arranged via TripLinks.

4.2 Release. Because we do not supervise Meetings arranged via TripLinks we have no control over them. It is up to you to determine the risks involved in meeting with one or more people using TripLinks. You agree to bear all risks and agree to release TripLinks (including our employees, directors, shareholders, officers, subsidiaries, and partners) from any liability or claims for loss or damage resulting from an incident relating to a meeting organized using TripLinks. You should take all reasonable precautions to understand potential risks associated with the meeting and take sensible and reasonable precautions to mitigate these risks. You also agree to further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law that would limit the scope of a release or waiver.

5. Communications between Members

5.1 TripLinks Communications. You agree to receive communications from TripLinks regarding our service, updates, promotions and other information which is relevant to your membership of TripLinks. We shall endeavor to make all communication relevant to you.

5.2 Communications with other TripLinks members. By joining a TripLinks Event you understand and agree that you may receive communication from your Organizer or Creator or Host and their designees. Your Organizer's or Creator's or Host's messages will be relayed to you via your email address or via our in-Event messaging function in the TripLinks app. In any event we will not automatically disclose your email address to other members and encourage you and other users not to put these personal details into your event listings.

5.3 Other Users. We do not control the information provided by our users, which is made posted on our Platforms. You may find content posted by other users to be offensive, harmful, inaccurate or deceptive. Please use common sense when dealing with other users. Where a user continues to be offensive, harmful, inaccurate or deceptive you can block them from your feed or report them to us using the in-app function or via email support@trip-links.com.

6. Privacy and use of information

6.1 Personal information. We are committed to protecting your personal information and privacy – for this reason we ask for a minimum of information about you when you register. We may ask for more information during your use of the service but we will ensure that any extra information is appropriate and reasonable. We value your trust as much as you value your privacy, with this in mind we will not share any of your personal information with any third parties or other members without your consent, except as might be necessary to provide you the services offered by us by third-party vendors, consultants and service providers who need access to this information to carry out their work for us, to protect our rights or property, in an emergency to protect the safety of any person, as required to comply with the law or in the event of a negotiation of a sale, merger, financing or acquisition. In these excepted cases the use of your personal information shall be subject to what is reasonably required in the given circumstance. We may use your personal information to verify your identity, age or in connection with any transaction completed via our Platforms.

6.2 Your Information. Definition. "Your Information" is any information, material, post, event or other content that you provide during registration and whilst using TripLinks, this includes information supplied via any of our Platforms or by email.

6.3 Because of the nature of TripLinks some of your information will be made public to other members of TripLinks. It is your responsibility to decide how much information to include within an event listing. You are not obliged to divulge any of your contact details such as your email or telephone number.

6.4 We treat you information in one of three ways:

  1. “Public Information” – this is information which you provide within an event listing. This type of information can be seen by every member using the service. This also includes you username, languages and interesting fact from you profile.
  2. “Private Information” – this is information you have provided to TripLinks during the registration process, for example your date of birth, email address and telephone number. We will not divulge this information and keep it purely to make contact with you. This information will be shown with a ‘padlock’ symbol next to it in ‘My Profile’ within the app.
  3. “Contacts Information” – this is information which forms a part of your profile and is made visible to contacts only. These additional pieces of information include your real name, username, home country, home region and home city.

You should understand how TripLinks users and broadcasts the information you provide.

6.5 Restrictions. When supplying information whilst using TripLinks you agree that Your Information:

  1. shall be true and accurate;
  2. shall respect third party intellectual property rights;
  3. shall comply with all applicable laws, statutes, ordinances or regulations;
  4. shall not be threatening, harassing, defamatory or libelous;
  5. shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
  6. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  7. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  8. shall not link directly or indirectly to any materials to which you do not have a right to link to or include.

6.6 In addition, you agree that you will update us with current contact details including a valid and current email address.

6.7 We do not own Your Information. We will use Your Information only in accordance with our Privacy Policy and as described in this Agreement. In order for us your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant TripLinks a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

6.8 Restriction on use by children. TripLinks members must be at least 18 years of age in order to register and use the service. TripLinks is not intended for anyone under the age of 18. Registration to the service requires the user to enter their date of birth to verify that they are at least aged 18. We are committed to protecting young people online and make every attempt to do so. We encourage our members to report anyone using the service who they suspect is under the age of 18.

6.9 Information you provide. TripLinks will collect personal information that you provide during the registration process, whilst using the service and participating in other activities carried out by TripLinks such as online polls or surveys, requests for recommendations, feedback, ratings and more.

6.10 Information automatically collected. When you use the TripLinks service on any of Our Platforms we may collect information about you automatically e.g. visitors’ domain names and IP addresses. TripLinks may also collect other information on traffic visiting Our Platforms such as the type of device used, and operating system. You may also elect to automatically share other information such as geographic location.

6.11 Cookies. We use cookies on Our Platforms to enhance our users’ experience. A cookie is a small text file placed on the user’s hard drive. It is generated by a web page server i.e. the computer that operates the website. The information the cookie contains is set by the server and it can be used by that server whenever the user visits the site; this allows the server to know when a user returns to the site. Where we use cookies on Our Platforms it is stated clearly and continued use of Our Platform is deemed to be agreement to our use of cookies.

6.12 Acces to TripLinks via social networks. Our Platforms, in particular our mobile application service, allows users to register using other social networking platforms such as Twitter, Facebook and Linkedin. We will collect information you allow us to via these social networks.

6.13 Activity within the site. We will keep close tabs on how our Platforms are utilised including which may result in the use of some or all of your personal information to record and analyse site traffic, to diagnose server problems, to administer our site and to display content according to your preferences and privacy settings. Traffic and transaction information may be shared with other partners and advertisers on an anonymous basis.

6.14 Social network sharing. Some of the features of Our Platforms allow our users to share information about themselves with other registered users for example when positing an event other users will be able to see who has posted it (displaying either a real name or nickname). We will not share any of your information with any other sites or social networks without your consent. In the event that you do allow us to share your personal information in this way we would recommend that you should review the relevant privacy policies for these third-party social network providers.

6.15 Third party websites. We may post links to third-party website via Our Platforms. If a user (TripLinks member or member of the public) decides to use this link to a third-party site they should be aware that we are not responsible for privacy policies or content of those third party sites. It is the user’s responsibility to review the third-party site’s policies and to confirm acceptance with such policies.

6.16 Public forums. On some parts of Our Platforms we may provide the ability for TripLinks members, users and members of the public to post messages, comments or feedback which can be seen by other members and also a wider public audience. TripLinks members, users and members of the public should be aware of the extent of the audience they are broadcasting to and tailor their communications accordingly with suitable caution.

6.17 Sale of information. As our business evolves we may dispose of parts of or all of the business including information gathered via Our Platforms. In this event we would seek with the acquirer to handle and protect your personal information in the same manner as we would

6.18 Security. We take all reasonable measures to ensure that your personal information is stored securely and not lost, misused or altered. Unfortunately, we cannot make any assurances about our ability to prevent the loss, misuse or alteration of your personal information and we have no liability to you or any third party as a result of any loss that make occur as a result.

7. Update and changes. TripLinks is a dynamic social network and we reserve the right to add to, change, update or modify at any time this Policy simply by posting an updated, modified or changed Policy on Our Platforms. As a user of Our Platforms it is your responsibility to review this Policy from time to ensure that you continue to agree with its terms.

8. Links. We may provide interesting links to third party websites, services or other content which we have no control over. By using these links you acknowledge that TripLinks is not liable for any of the content and is not responsible for any loss or damage resulting in your use of the link.

9. Dealings with Marketing Partners and Third Parties. From time to time we may allow commercial entities or partners to place adverts, promotions or offers using TripLinks. TripLinks shall not be responsibility for any contact or business dealings you have with these third parties through our website or as a result of using TripLinks. You agree that TripLinks shall not be liable for any loss or damage resulting from any such dealings.

10. Indemnity. You agree to indemnify any employees, officers, directors, shareholders, consultants, affiliates, partners, subsidiaries or agents of TripLinks harmless from any claim or demand, including reasonable legal fees and expenses, made by any third party as a consequence of you breaching this Agreement.

11. Warranties; Liability.

11.1 Disclaimer of Warranties. Use of TripLinks is your sole risk. We do not provide any warranties regarding the functionality, availability, guidance or performance of any of our Platforms or services. By using TripLinks you acknowledge that we are not responsible or liable for any loss or damage resulting from the download and or use of the service. In addition you understand that no advice or information provided by us to you (written or oral) shall carry any warranty.

11.2 Limitation of Liability. You agree that in no event TripLinks shall not be liable for any loss or damage either direct, indirect, consequential, or incidental resulting from use of our service or indeed inability to use our service.

11.3 Exclusions. In certain countries or jurisdictions the exclusion or limitation of certain warranties or of incidental or consequential damages is not permitted. In these countries or jurisdictions some of the clauses within this Section will not apply to you.

12. Dispute Resolution. Where a dispute or claim arises in relation to this Agreement we shall follow a process of conflict resolution. Where a dispute or claim is made against you or against TripLinks you and we agree to act in good faith. You agree that all parties shall first enter into negotiation to end the dispute or claim. If this fails to resolve the conflict then either party can seek mediation mediated by a neutral third party. If mediation fails then either party can seek arbitration arbitrated by a neutral arbitrator. By agreeing to this Agreement you accept that any conflict shall be resolved by negotiation and/or mediation and/or arbitration. In agreeing to the above you also agree to forfeit any rights you might possess to have the matter dealt with in court or by jury trial. Also by agreeing to this Agreement you forfeit your rights to appeal the matter once a judgment has been made.

13. Modifications. We reserve the rights to change, modify, alter, upgrade, downgrade, discontinue any part of our service either permanently or temporarily with or without prior notice. You agree that TripLinks shall not be held liable for any loss or damage resulting from any modifications to our service.

14. Termination; Breach. You agree that we may suspend or terminate you access to TripLinks for any reason at any time without warning. You agree that TripLinks shall not be held liable for any loss or damage resulting from any suspension or termination of service.

15. Trademarks; Copyrights; Proprietary Rights. You may not use, reproduce, modify any images, logos, text or figures owned by TripLinks, except as otherwise permitted by law or without expressed permission given to you by us. You agree not to display or use any of our images, logos, text or figures without our expressed consent. You agree to be bound by the restrictions of other intellectual property owners and third parties. TripLinks shall not be liable for any infringement of copyright or intellectual property made by you nor admit any wrong doing on your behalf. You understand that we may at our discretion remove content that you add to TripLinks which we deem to be inappropriate. Before doing so we will contact you to check you have the rights to use certain material and that you have the permission of the owner. You will be required to warrant that you do have the rights to use the material. Where it is not clear or cannot be verified that you do have such rights then we reserve the right to remove the offending material. Continued infringement of copyright and intellectual property may result in permanent termination of access to TripLinks.

16. Proprietary Rights. By using our service you acknowledge that TripLinks contains proprietary and confidential information that is protected by applicable intellectual property laws. You also acknowledge that information and material contained within advertisements or promotions and accessed via TripLinks may be subject to copyright, trademark, patents and other proprietary right and laws and as such you agree to be bound by those restrictions.

17. No Resale. You will not use, duplicate, sell, resell, copy any part of TripLinks for any commercial purpose.

18. Additional Terms

18.1 Notices. Unless stated differently in this Agreement or as required by law any notice shall be given by certified post to TripLinks Ltd and marked ‘For the attention of the Legal Department, Althorpe Enterprise Hub, Althorpe Street, Leamington Spa, Warwickshire, CV31 2GB, United Kingdom or by email to support@trip-links.com. Please ensure that you have included a postal or email address and sufficient information for you enquiry to be addressed. Notices shall be considered within 10 working days of it being received either by email or post.

18.2 Entire Agreement. This agreement is the entire agreement between you and TripLinks. It supersedes any prior Terms of Use (Non-commercial user) Agreement between you and TripLinks. This Agreement now governs the use of Your Information whenever that information has been provided either during the validity of this Agreement or prior to this Agreement.

18.3 No Agency, Partnership, Joint Venture etc. This agreement does not constitute agency, partnership, joint venture, employment nor franchise agreement.

18.4 Governing Law. Unless stated differently, this Agreement is governed by English Law.

18.5 Alienation/Assignment. You agree that this Agreement and all rights contained herein may be automatically assigned by TripLinks, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of TripLinks’ assets, or similar transaction.

18.6 No Guaranty/Warranty. We do not provide any guarantee or warranty relating to the performance of use or non-use of our service.

18.7 No Waiver. TripLinks’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

18.8 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and TripLinks nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

18.9 Survival. 3.4 (Interference with Platform), 4.2 (Release), 10 (Indemnity), 11 (Warranties; Liabilities), 12 (Dispute Resolution) and 18.4 (Governing Law) shall survive any termination or expiration of this Agreement.

18.10 Limitation. You and TripLinks each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

18.11 Titles, paragraphs, headings. The section titles, paragraphs and headings in this Agreement are for convenience only and have no legal or contractual effect.

19. Violation of this agreement. This agreement relates to the use of the TripLinks platform provided by TripLinks Ltd. Please report any violation of this agreement to TripLinks by email or post: support@trip-links.com

TripLinks Ltd, Althorpe Enterprise Hub, Althorpe Street, Leamington Spa

Warwickshire, CV31 2GB, United Kingdom

END OF TERMS OF USE

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