terms of use

TERMS OF USE AGREEMENT

Date of Last Revision : February 6, 2017

Trekerie is a referral service for travelers, whereby our company refers travelers to travel operators and companies based on the particulars of their desired travel plans. As a core part of its service, Trekerie researches and screens such operators and companies for quality of service, but does not itself sell or operate any travel services, such as hotels, transportation, logistics or tours. Trekerie is not a travel agent.

TERMS & CONDITIONS

These Terms & Conditions (“Terms of Use” or “Terms”) apply to your use of the Trekerie website (the “Site”) and your purchase of any Services (as defined below) from Trekerie (also referred to herein as “we”, “us” or “our”) or its referred travel companies. By using the Site or purchasing any services, you agree to these Terms. If you are making a purchase on behalf of your employer or other legal entity, you further represent and warrant that you are authorized to bind your employer or legal entity to these Terms.

THESE TERMS MAY CHANGE

Trekerie reserves the right to update or modify these Terms at any time by modifying the Terms on the Site. Your use of this Site or purchase of any services following any such changes constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use the Site.

ACCESS RIGHTS, INTELLECTUAL PROPERTY OWNERSHIP

All content, information, text, graphics, logos, images and icons, as well as the arrangement thereof (collectively, the “Content”), and all copyrights and other intellectual property rights in the Content, are the sole and exclusive property of Trekerie or its licensors. All rights not expressly granted herein are reserved to Trekerie. Subject to and conditioned on compliance with these Terms, Trekerie grants you a limited license to access and use the Site internally for the purpose of ordering and receiving the services. You agree not to sell, copy, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content of this Site in any way for any public or commercial purpose without prior written consent of Trekerie or the applicable rights holder. The Trekerie name and any affiliated logo(es) are trademarks of Trekerie and may not be used without express permission.

SCOPE OF SERVICES

Trekerie provides services (“Services”) that facilitate transactions between travelers and member travel companies (each, a “Travel Company”) who offer travel services such as hotels, transportation, logistics or tours (“Travel Company Services”) to travelers.

The Site will facilitate the traveler’s scoping of the travel plans, and our facilitation of referring you to the optimal Travel Company to provide the travel services, as well as any other services that Trekerie may offer through the Site from time to time. Trekerie will not deliver any travel or travel-related services that are the purview of the Travel Company.

The Travel Company providing the travel services will work directly with the traveler on trip details, itineraries, costs and payment structure associated with the company’s services and the travel plans, and any contractual arrangements related to same, all of which will be handled separately from the Site. Trekerie cannot guarantee the exclusivity of any relationship between your Travel Company and a particular traveler, it being understood that such traveler may be vetting other options for trip services, quotes, etc.

DATA COLLECTION

In order to use the Services available from the Site as a Travel Company, you will be asked to provide true, accurate and complete information by filling out an initial questionnaire via our secure Site, and to update such information as may be needed to maintain its truth, accuracy and completeness. We encourage you to assist us in maintaining the privacy of your information and data by safeguarding your ID and password at all times, and otherwise maintaining the confidentiality of such information and data.

Your use of the Site is governed by these Terms of Use, as well as any other agreements between and among the parties, and the Trekerie Privacy Policy. All of these terms together constitute the entire agreement and understanding, as may be modified from time to time, between you and Trekerie with respect to your use of the Site and the Services provided on and through the Site.

We reserve the right, without notice and in our sole discretion, to terminate your access to the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms.

OBLIGATIONS OF USERS

You agree to abide by the processes and procedures described throughout the Site, be financially responsible for your use of the Site and the Trekerie Services and the purchase or delivery of Travel Company Services as may .

As a traveler, you will report the Travel Company to Trekerie if the Travel Company suggests that you purchase any Travel Company Services without informing Trekerie. As a Travel Company, you agree to notify Trekerie of the completion of transactions with travelers, whether first-time deals or repeat customers.

CONTRACTING BETWEEN TRAVEL COMPANIES AND TRAVELERS

You acknowledge and agree that you contract directly with the Travel Company for Travel Company Services. Upon acceptance of a bid, proposal or agreement to provide Travel Company Services, Travel Company agrees to provide the Travel Company Services according to the terms of such, bid, proposal, agreement or other terms as may be agreed to by Travel Company and Traveler. Trekerie is not a party to any contract for any purchase and sale of Travel Company Services on the Site. As such, Trekerie has no control over and cannot ultimately guarantee the quality, safety or legality of Travel Company Services on and/or through the Site, the ability of Travel Companies to deliver Services, the financial commitment of travelers, or that a Travel Company and the traveler will effectuate and finalize a legal transaction. You agree to look solely to the other party for enforcement and performance of all the rights and obligations pursuant to the transactions entered into for Travel Company Services via the Site, and any other terms, conditions, representations, or warranties associated with such dealings.

THIRD PARTY SITE LINKS

The Site may contain links to other third party Web sites or resources (“Third Party Sites”). You acknowledge and agree that Trekerie is not responsible or liable for: (i) the availability or accuracy of such Third Party Sites; or (ii) the content, advertising, or products on or available from such Third Party Sites. The inclusion of any link on the Site does not imply that we endorse such Third Party Site.

SUBMISSIONS

You acknowledge that you are responsible for the information and material that you submit via the Site, including without limitation, any personal information, trip requests, trip plans, itineraries, feedback, comments, blogs, postings and photos (each a “Submission”) through posting areas, emails or other services available in connection with this Site, and that you, and not Trekerie, will have full responsibility for each such Submission, including its legality, reliability, form, content and accuracy. Unless otherwise explicitly stated herein or in the Trekerie Privacy Policy, you agree that any Submission provided by you in connection with this Site in public posting areas is provided on a non-proprietary and non-confidential basis. You agree that Trekerie shall be free to use or disseminate a Submission which is posted in public posting areas on an unrestricted basis for any purpose. If you submit information to the Site, you grant Trekerie a non-exclusive, irrevocable, worldwide, royalty-free license (in any media now known or not currently known or invented) to link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. Trekerie agrees to use your information in accordance with Trekerie’s Privacy Policy applicable to personally identifiable information. You agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right (e.g. privacy right, right of publicity, contract right) without the express permission of the owner of such copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

DISCLAIMERS

THE SERVICES, MATERIALS AND INFORMATION PROVIDED ON AND THROUGH THE SITE ARE PROVIDED “AS IS,” AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE QUALITY OR RELIABILITY OF THE SITE, THE SERVICES, OR ANY THIRD PARTY OR THE TRAVEL COMPANY SERVICES, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES PURSUANT TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL TREKERIE’S AGGREGATE LIABILITY TO YOU RELATED TO THE SERVICES PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED $500.

INDEMNITY

You agree to defend, hold harmless and indemnify Trekerie from and against any and all losses, costs, expenses, damages or other liabilities incurred by Trekerie from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Trekerie: (a) in connection with your use of the Services, including, without limitation, any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site, including the submittal of personal and financial information; (ii) your decision to submit postings; (iii) your breach of any of these Terms of Use, or (iv) any negligent or intentional misconduct.

GOVERNING LAW, VENUE

This Agreement shall be governed by the laws of the State of Georgia, United States of America, and venue will be exclusive to the state and federal courts of Fulton County, Georgia.

ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving electronic communications from Trekerie about applicable fees and charges, transactional information and other information concerning or related to the Trekerie Services and Travel Company Services. These electronic communications are part of your relationship with Trekerie. You agree that any such notices, disclosures or other communications that we send you electronically will satisfy any applicable legal communication requirements.

MISCELLANEOUS

If any of these Terms of Use is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Trekerie’s failure to enforce any of these Terms is not a waiver of such term. You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries.

Trekerie, 2017

 

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