Please read these Terms of Service carefully before using the services offered by Tripsha, Inc. ("Tripsha", "us", “we”). These Terms of Service set forth the terms and conditions of our relationship and for your use of the tripsha.com website (the "Site") and the applications, services, features, or content offered by Tripsha and related communications (collectively, the "Services") to you.
By accessing Site and/or the Services, regardless of whether you (“you”, “your”, user”) become a registered user, a person who is organizing or supervising a trip on the Site and/or Services (a “Host”) and/or a person who is joining a trip (a “Traveler”), you agree to be bound by the terms of this and conditions contained herein (“Terms of Service” or “Agreement”).
This Agreement, together with any Master Services Agreement entered into between you and Tripsha, supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
The Site and Services
- You understand that Tripsha provides and facilitates a platform for Users to join on their planned traveling plans and related activities (collectively, the “Trip”).
- You understand and agree that, as a result, even though Tripsha and its agents may help facilitate the transactions between Verified Hosts and Travelers, Tripsha is not involved and does not participate in such transactions between Traveler and a Verified Host. As used in this Agreement, a “Transaction” shall mean any type of engagement, agreement, booking, Trip, or any other type of arrangement between a Verified Host and a Traveler.
- You understand that Verified Hosts are neither employees nor agents nor representatives of Tripsha.
- You are solely responsible for every Transaction occurring under your account.
- You understand that Tripsha is not responsible for and does not screen users, including but not limited to any Travelers. You further understand that Tripsha does not review, endorse, recommend, verify, evaluate, warrant or guarantee the conditions or features of any Trip, or the claims or background of any Traveler, Verified Host, or other user.
- You understand that while Tripsha may conduct identity verifications on Verified Hosts, information obtained by Tripsha about any Verified Host should not be taken as complete, accurate, up-to-date or conclusive of the Verified Host’s suitability as a host, nor the quality or safety of their Trip. Users are responsible for interviewing, verifying information provided by other users, and ultimately selecting an appropriate Verified Host.
- TRIPSHA STRONGLY ADVISES YOU TO USE CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE SITE AND SERVICES. TRIPSHA DOES NOT CONDUCT BACKGROUND CHECKS OR VETTING OF USERS, WHETHER THEY ARE HOSTS, TRAVELERS OR OTHER TYPES OF USERS.
- You understand that it is your duty to confirm or verify any information provided by any other user and that you bear the sole risk of relying on any such information. Under no circumstances will Tripsha be liable for any loss or damage caused by your reliance on any information, representation, or statement available on or through the Site and/or Services. You agree to take all necessary precautions in all interactions with other users.
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or Services or to another in the course of using the Site or Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You understand that if you directly provide any Verified Host with any payment, credit card, or other payment information, it is at your own risk. Tripsha is not responsible for any payment exchanged outside of the Site or Services.
Terms for Hosts
- If you are Host, the relationship between Tripsha and you is determined by the Master Services Agreement.
- If you are charging Users to attend your trips, then you and not Tripsha, are solely responsible for determining the price of the Trip, along with any additional costs to be included or factored into such price (the “Trip Price”). As a Super Host, you acknowledge and agree that you are solely responsible for any and all of your Trip listings on the Site and Services.
Terms for Travelers
- Travelers can join a Trip through the Site and/or Services. It is important that Travelers check the information entered and correct any errors before joining a Trip.
- If you have joined a Trip as a Traveler, the relationship between Tripsha and you as a Traveler is subject at all times to the Traveler Agreement between you and Tripsha, which is incorporated herein by reference.
- You will be able to access details of your Trip and any confirmations through your account. Joining a Trip on the Site and/or Services is a booking solely for you to join the Trip, and you may not book a trip for more than one person or any person other than yourself.
- If you request to join a Trip and you are accepted by the Verified Host, you will be responsible and liable to pay the Trip Price and any other fees due for such booking, subject, in each case, to this Agreement, the Traveler Agreement, and any other terms and conditions specific to the Trip as agreed between you and the Verified Host.
- If you have a problem during your Trip, please inform the Verified Host immediately. Because a Trip booking is a contract directly between the Traveler and the Verified Host, the Verified Host will have the sole discretion in deciding how to handle the Traveler’s complaints. As a Traveler, you will also be asked and entitled to leave a review about the Trip on the Site and Services. However, you will be solely responsible to resolve any dispute arising out of or related to your Trip directly with the Verified Host, regardless of whether Tripsha has spoken to the Verified Host and/or Traveler regarding the issue. Under no circumstances shall Tripsha have any obligations or liability regarding disputes between Verified Hosts and Travelers other than as set forth in this Agreement.
- As a Traveler, you accept responsibility for your conduct during your Trip. Tripsha shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative travel plans or accommodations) that you may incur as a result of your Trip being terminated early by the Verified Host because of your behavior.
Fees and Payments
- You understand any and all fees, expenses, and payments for any Transaction shall be arranged directly between the Traveler and the Verified Host.
- You understand that Tripsha does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by Stripe, or any third-party payment or service facility used by Tripsha.
- You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to Stripe or any third party payment or service facility used by Tripsha, which processes, stores, and otherwise uses such information in order to facilitate payment to a Verified Host.
- You agree that you will be subject to Stripe’s Services Agreement, located at https://stripe.com/legal, which is incorporated herein by reference.
- You understand that all pricing, rates, and fees for any Transaction, including the Trip Price, are set by the applicable Verified Host and that Tripsha does not set any such pricing, rates, or fees.
- You agree to ensure that all payment information supplied by you is accurate and correct and kept updated with Stripe or any third party payment or service facility used by Tripsha at all times and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by Tripsha) for purposes of paying for any Transaction.
- You understand that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
Cancellations and refunds
- All cancellations and refunds are subject to the Tripsha Cancellation and Refund Policy, which is incorporated herein by reference.
- All determinations regarding a cancellation and refund shall be made in the sole discretion of Tripsha and shall be final and binding on the Traveler and Verified Host, as between them.
The Agreement between Tripsha and You
- You are responsible for reviewing changes to this Agreement
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
- This Agreement applies to all users of the Site and the Services, including Verified Hosts and Travelers.
- Tripsha may make changes to this Agreement from time to time without specifically notifying you.
- Tripsha will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
- If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Tripsha from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- Tripsha may edit or modify anything on the Site or Services without notice. Tripsha is committed to delivering a positive user experience and you understand that Tripsha reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
- You are responsible for accepting updated versions of the Site and Services. If Tripsha provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Site and Services, Tripsha shall not bear any responsibility or liability for your decision.
What laws and rules you are responsible for following
- By registering for a Tripsha account, you represent and warrant that: (a) you are eligible for an account as set forth in this Agreement; and (b) the information you include as part of the registration process and thereafter is accurate and not misleading. User accounts may be obtained and used only by persons who are at least eighteen (18) years old. The Site and the Services are not intended for use by children, especially those under age 13. Any use of or access to the Site or the Services by anyone under 18 is unauthorized, as is any account registration by anyone under 18. Although you may view listed Trips on the Site and/or Services as an unregistered visitor, if you wish to book a Trip or create a Trip listing, you must first register to create an account and enter into a Traveler Agreement or Verified Host Agreement, as applicable.
- You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
- You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and the Services, including but not limited to while on any Trip.
- You shall abide by all applicable local, state, national and international laws, rules and regulations, whether or not you are a Verified Host or Traveler. It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws, rules and regulations applicable to you.
- You understand that you are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You understand that you will be fully responsible for all activities that occur under your account, username and/or password. You agree not allow someone who is not you to use your account, username or password of at any time. You agree to immediately notify Tripsha of any unauthorized use of your password or your username.
- We strongly encourage you to change your password at least once a month and you understand that Tripsha will not be liable for any loss that you incur as a result of someone else using your account or your password.
- You understand Tripsha may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that Tripsha reserves the right (without any undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
- You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way. Tripsha may terminate your use of or access to the Site and/or Services without reason or notice to you.
- You agree to comply with Tripsha’s Community Standards Policy when using the Site or Services, which is incorporated herein by reference.
Your relationship with third parties
- Tripsha or its business partners may present advertisements or promotional materials via the Site and/or Services.
- Your dealings with, or participation in promotions of any third-party advertisers via the Site and/or Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that Tripsha is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site and/or Services.
- You understand the Site and/or the Services may contain (or you may receive from Tripsha, third parties or users) links to other websites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that Tripsha is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Tripsha is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that Tripsha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
- Tripsha procures certain identity verification services on Verified Hosts from third party service providers in Tripsha's discretion ("Identity Verifications"). Users may be able to obtain additional identity verifications or background checks on Travelers, Verified Hosts, or on themselves (with consent and in accordance with applicable law) in their sole discretion. Tripsha is not responsible for and shall not maintain records of any identity verifications or background checks obtained by a Traveler, Verified Host, or any other user or third party.
- Identity Verifications are regulated by the Fair Credit Reporting Act (the "FCRA"), and the reports resulting from the Identity Verifications are considered "consumer reports" under the FCRA. Consumer reports may contain information on a person's character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
- Tripsha will receive a copy of each Identity Verification authorized by a Verified Host when creating a Verified Host profile. If an Identity Verification reveals adverse information about you, you will be emailed a copy of the results and your Verified Host profile and Trip listings will not be listed on the Site or Services. You are responsible for making sure that the email address you provide to Tripsha is correct, knowing that sensitive information will be sent to it.
- If an Identity Verification does not disclose any disqualifying conditions or characteristics of a Verified Host, as determined in Tripsha’s sole discretion, or otherwise cause Tripsha to suspend or terminate a Verified Host from using the Site and Services, your Verified Host profile and Trip listings will be viewable by other users via the Site and Services.
- Travelers may request and receive a copy of an Identity Verification on a Verified Host via written authorization and agreement outside of this Agreement, subject to the Verified Host's explicit instructions about who may have access to such a report.
- If Tripsha terminates your account or access to the Site and/or Services on the basis of information in an Identify Verification report, it will notify you and provide you the name and contact information of the identify verification service provider that created the report. Tripsha will also provide you a copy of the report unless the identify verification service provider has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Tripsha does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the identify verification service provider that issued it (and not Tripsha).
- BY AGREEING TO THESE TERMS AND USING THE SITE AND/OR SERVICES, YOU AGREE TO ALLOW TRIPSHA TO PERFORM IDENTITY VERIFICATIONS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE IDENTITY VERIFICATIONS TO BE PERFORMED, YOU SHOULD NOT APPLY TO BE A VERIFIED HOST. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATIONS TO BE PERFORMED.
Who owns what and how you can use it
- The content, organization, graphics, photographs, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of Tripsha or may be, to a certain extent, the property of its content suppliers, including but not limited to Verified Hosts, Travelers, and other users, and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
- You agree that TRIPSHA, TRIPSHA.COM and other Tripsha graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tripsha or its affiliates (“Trademark Content”).
- Tripsha trademarks and trade dress may not be used in connection with any product or service that is not Tripsha’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tripsha.
- All other trademarks not owned by Tripsha or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tipsha or its affiliates.
- Tripsha grants you a limited license to access and make personal use of the Site and the Services. The Site and Services are not to be used for commercial purposes by any business or agencies, including but not limited to travel agencies or tourism agencies.
- Tripsha does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
- You understand Tripsha does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Site and the Services, or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Tripsha and our affiliates without express written consent.
- You may not use any meta tags or any other "hidden text" utilizing Tripsha’s name or trademarks without the express written consent of Tripsha. Any unauthorized use terminates the permission or license granted by Tripsha.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at Tripsha’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of Tripsha so long as the link does not portray Tripsha, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any Tripsha logo or other proprietary graphic or trademark as part of the link without express written permission.
- You understand that by registering, you will be invited to create a Verified Host or Traveler profile, and that you may further be invited to participate in online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site and/or Services, such as text, drawings, icons, photos, videos, etc. (collectively, "User Content"). You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Tripsha as set forth herein, with full knowledge that Tripsha may exploit it in any manner whatsoever. You make such warranties without Tripsha incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to Tripsha the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Tripsha is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site, Services, or Tripsha, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
- You further perpetually and irrevocably grant Tripsha the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to Tripsha the right to sub-license and authorize others to exercise any of the rights granted to Tripsha.
- You authorize Tripsha to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Tripsha does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights.
Tripsha reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.
General disclaimer, limitation on liability & indemnfication
- Tripsha is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, Tripsha, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
- Tripsha is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any other user, Verified Host, Traveler, or Service Provider.
- Tripsha has no obligation to review and content or material, posted to or through the Site and Services, and therefore cannot be responsible for such material or content.
- Tripsha assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- Tripsha is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Services, including injury or damage to users or to any other person's computer, and/or mobile device.
- The Site and the Services contain information and press releases about Tripsha. While this information was believed to be accurate as of the date prepared, Tripsha disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by Tripsha.
- Neither Tripsha nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Verified Hosts, whether online or offline.
- WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL TRIPSHA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR PARTICIPATION IN ANY TRIPS, OR YOUR USE OF ANY INFORMATION OR THE SITE OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.TRIPSHA’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 US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY".
- You agree to indemnify, defend, and hold harmless Tripsha, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (a) your use of the Site and Services, (b) any User Content, Third Party Content, Third Party Sites and any other content, (c) any damage, loss, expense, claim or other cost suffered by any user or their family members, or to any Trip you might offer or book via the Site or Services, including but not limited to those incurred as a result of the actions of any Verified Host, Traveler, Service Provider, other user, or any other third party, (d) your violation of this Agreement, or of any law or the rights of any third party, and (e) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
Governing law & Agreement to arbitration
- Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
- Agreement to Arbitration
- You and Tripsha agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
- WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSName MEMBER IN ANY PURPORTED CLASSName ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASSName ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TRIPSHA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASSName ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Your general representation & warranties
- You represent and warrant that you will use the Site and Services in accordance with this Agreement, any Traveler Agreement or Verified Host Agreement applicable to you, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
- You represent and warrant that you will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Tripsha may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Tripsha, Inc., is a company incorporated in Delaware.
Data We Collect From You
The personal data we collect via or in relation to the Services can be split into three broad categories:
- information you provide to us;
- information collected automatically; and
- information we obtain from third parties.
Information you provide to us
We may ask for and collect the following information when you use the Services:
Identity and profile information: We require you to provide certain personal information to create an account on the Services, including your name, date of birth, location, gender, email address, and account password (stored in hashed format). You may also choose to provide us with a written biography and photographs.
Opt-in references: You may also provide us with non-personally identifiable information, including travel preferences, languages spoken, countries you want to visit, answers to match questions, and interests.
Social media account information: If you choose to log in to the Services via a third party social networking service, such as Facebook or Instagram (collectively, “Social Networking Services”), you will need to grant us permission to access certain aspects of your profile, including but not limited to your profile photo, name, and email address, and with your permission, your friends or followers lists. You can revoke this permission through your settings in your Social Networking Service account. The manner in which Social Networking Services use, store and disclose your information is governed by the policies of such third party Social Networking Services, and Tripsha shall have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within the Service.
Communications: When you communicate with us by email, mail, telephone, or through/via the Services, we collect information about your communication and any information you choose to provide.
Verification information: We or a third party identity verification service provider may request certain information for purposes of verifying your identify, such as a photo of your government-issued identification. Such verification information is only required if you wish to list priced trips through the Services. To promote the safety and integrity of the Services, you authorize Triphsa in its Terms & Conditions to allow such third party service providers to use your personal information to verify your identity. Triphsa may receive a copy of, or otherwise have access to, any such completed verification report. In addition, Triphsa may obtain personal information from other publicly available sources, such as demographic data, and other information to enable us to comply with regulatory requirements, ensure the accuracy of data, prevent fraud, etc.
Information we collect automatically
We collect certain information automatically when you use the Services. This information includes:
Interaction information and history: Information about your interactions and history with the Services, including the pages that you visit and links you click on, search history, the time, frequency and duration of your Site visits, your IP address, the trips you join, and your posts, reviews, and messages.
Location data: When you use certain features of the Services, we may collect data about your geographical location. We use this data to provide you with location-based services (such as advertising and personalized content).
Cookies: Like many websites on the Internet, when you visit the Site, Tripsha may assign your computer one or more cookies to facilitate access to the Site and to personalize your online experience. Through the use of a cookie, Tripsha also may automatically collect information about your online activity on the Services, such as the web pages you visit, the time and date of your visits, the links you click, and the searches you conduct on the Services. Tripsha may use this data to better understand how you interact with the Services, to monitor aggregate usage by our users and web traffic routing on the Services, and to improve the Site and our Services. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able use some of the interactive features offered on the Services. In addition, please be aware that other parties may also place their own cookies on or through the Site and/or Services, and may collect or solicit personal information from you. Other cookies may reflect de-identified demographic or other data linked to the registration data you have submitted to Tripsha in hashed, non-human readable form. No personally identifiable information is contained in these cookies.
If you use Tripsha's mobile applications, Tripsha may also use mobile cookies. A mobile cookie is a small data file transferred to your mobile device for record-keeping purposes. These mobile cookies help Tripsha track session-based information and also better understand the effectiveness of the Services (by way of example only, by keeping track of the location and context in which you view a user profile). These mobile cookies do not contain any personally identifiable information.
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. For further details, visit donottrack.us.
Information we receive from other sources
Service providers and business partners: We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, data processing and management, identify verification, account management, customer and technical support, hosting, and other services which we use to personalize your Tripsha experience. We explain in more detail why and how we use this information below.
When we receive information from other sources, we rely on them having the appropriate provisions in place telling you how they collect data and who they may share it with.
How Your Personal Data Is Used
This following explains how we use and process your personal data:
INFORMATION YOU PROVIDE TO US
We will use this information to:
- Carry out our obligations arising from any contracts entered into between you and us (including the Terms & Conditions) and to provide you with the Services;
- Better understand our users;
- Verify your identity;
- Respond to your enquiries or to process your requests in relation to your information;
- Notify you about important changes or developments to our Services;
- Process payments for trips and complete other Service-related purchases, such as products or subscriptions;
- Provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- Review any messages flagged by a user as abusive;
- Keep records in response to any complaints filed by users;
- Ensure that the Services are being presented in the most effective manner for you, making the Services easier for you to use and to provide you with a smooth, efficient, safe and tailored experience; and
- Detect and protect us against error, fraud and other criminal activity; and enforce our Terms and Conditions.
INFORMATION WE COLLECT AUTOMATICALLY
We will use this information to:
- Administer the Services and for internal operations, including troubleshooting, data analysis, testing, research, and statistical purposes;
- Improve the Services and user experience to ensure that content is presented in the most effective manner for you;
- Allow you to participate in interactive features of our Services, when you choose to do so; and
- Be used as part of our efforts to keep the Services safe and secure.
INFORMATION WE RECEIVE FROM OTHER SOURCES
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the information we receive).
Sharing Your Personal Data
The following describes the ways we may share your personal data in the normal course of business and in order to provide our Services.
With your consent: We will disclose your personal data when and if you have agreed that we may do so. We will make this clear to you at the point at which we collect your personal data, including the purpose(s) for which we will use the personal data.
Service providers: We use third-party service providers to facilitate or outsource some aspects of our Services and some of these service providers will process your personal data.
Promotional purposes: We provide third parties with anonymized, aggregated information about our users (either on a user-wide basis or by on a subset user basis) for our own promotional purposes.
If required by law: We may be required to disclose your personal data by law, in response to a valid order of a court or other authority, or to respond to requests relating to criminal investigations.
Extenuating circumstances: We may disclose your personal data with your trip host and/or medical or governmental authorities, only if requested to do so in the event of a health and/or safety emergency.
Change of control: If a business transfer or change of business ownership takes place , we may transfer your personal data to the new owner. If this happens, you will be informed of this transfer.
Protecting our rights: We may disclose your personal data if we feel this is necessary in order to protect or defend our legitimate rights and interests and/or to ensure the safety and security of the Services.
Tripsha (either itself or through third party service providers) maintains a variety of commercially reasonable electronic and procedural safeguards designed to protect your personal information from unauthorized access and disclosure. For example, Tripsha uses accepted tools and techniques to protect against unauthorized access to Tripsha’s systems. You should be aware that Tripsha has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Services. Tripsha wants you to feel confident using the Services, but no system can be completely secure. Therefore, although Tripsha takes steps to secure your information, Tripsha does not promise, and you should not expect, that your personal information or communications will always remain secure. In the event of a breach of the confidentiality or security of your information, including your personal information, Tripsha will notify you as necessary and if possible so you can take appropriate protective steps. Tripsha may notify you under such circumstances using the e-mail address(es) that Tripsha has on record for you. You also should carefully handle and disclose your personal information
Updating and Retention of Your Data
You can access and update the personal information we hold about you by logging in to your account on the Services. For instructions on accessing your information, to request a copy of the information we hold about you or to otherwise request assistance with these rights please contact us using the information below.
We retain your personal information as long as we are providing the Services to you. We retain your personal information after we cease providing Services to you, even if you delete your account, to the extent necessary to fulfill your request (for example, keeping your email address to make sure it’s not on our mailing list), to comply with our legal and regulatory obligations, for the purpose of fraud monitoring, detection and prevention, to comply with our tax, accounting, and financial reporting obligations; or where we are required to retain the data by our contractual commitments to our partners. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
Even if you delete your account and we delete your information from our systems, keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time. We retain your message history, reviews, trips, and interactions with other users even after you have deleted your account on the Services.
Tripsha is not intended for use by children. Individuals under the age of 18 are not permitted to use the Services and must not attempt to register an account or submit any personal data to us. We do not knowingly collect any personal data from any person who is under the age of 13, or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.
If you are a parent or guardian and you learn that your child (under the age of 13) has provided us with personal data, please notify us immediately at firstname.lastname@example.org.
You have various rights in relation to your personal data, including:
- the right of access to a copy of the personal data we hold about you;
- the right to require us to correct any inaccuracies in your personal data;
- the right to object to decisions about you being taken by automated means;
- where we have sought your consent, the right to withdraw your consent at any time; and
- the right to ask us not to process your personal data for direct marketing purposes (although we do not currently undertake any direct marketing).
Visiting the Site and Services From Outside the United States
It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email us at email@example.com.
Tripsha is an open, safe space that helps companies, communities, and other organizations travel together.
We take harassment, discrimination and bullying very seriously. There is zero tolerance for hostile discriminatory behavior towards a person for their gender, religion, sexual orientation, race, or other elements of their identity. Members can, at Tripsha's sole discretion, be prevented from using Tripsha's services if we believe that they have engaged in harassment of others or are misusing the platform in any way.
Publicizing private correspondence or content sent by other users via our messaging platform is not permitted without prior permission from the sender of that correspondence.
Content posted by users are the responsibility of the person posting it. Tripsha does not vet, screen, or endorse content posted to our website by users. However we reserve the right to review any and all content sent using our Services. Tripsha Team members have the authority to take action against the sharing of content we believe to be harmful, including by removing the content and/or restricting the actions of the user who created or initiated sharing of the content.
Users are solely responsible for making sure they possess the necessary legal rights to transmit or post content using Tripsha's services, including taking care to prevent copyright infringement.
Using Tripsha to advertise non-travel related products or services is strictly prohibited. This includes soliciting users to book trips outside of Tripsha’s platform.
Each profile can only have one person associated with it. Profiles cannot be shared between individuals, unless the profile has designated itself as belonging to a company or other organization.
Misrepresentation of yourself (for example, by using a made up name or the name of another person) is prohibited and can result in your removal from the site and bar you from using Tripsha's services.
SOLICITATION OF PRIVATE INFORMATION
Anyone attempting to get other users’ private information for fraudulent or illegal activity will be banned.