General Terms and Conditions for Use the App and the Website
These Terms and Conditions of Use regulate the rules to which the use of the platform (or APP) and the www.tripsst.com site, owned by TRIPSST, CORP., with EIN 85-3632741 and registered office in New York City, 515 Madison Av., Piso 8, # 8073, State of New York (United States), incorporated in the State of Delaware in the year 2020, in 8 The Green, Ste R, in the City of Dover Country of Kent, Zip Code 19901, and hereinafter referred to as “TRIPSST!”
FIRST: WHO WE ARE
1.1. TRIPSST is a web and mobile platform that offers users to experience different experiences around the world, through a network of interactions.
1.2. Services the TRIPSST Websites and domains, including www.tripsst.com, and all web pages, subdomains, domain level variants by country and subparts of those Sites (collectively, our “Site”), all services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications including, but not limited to, the Tripsst app, which Tripsst! offers, maintains and supplies. We refer to these as our “Services”.
1.3. Users through the Services, Tripsst! provides a means of interconnections worldwide for registered users to know and acquire everything necessary to live the experiences that the platform proposes by tourism service providers.
SECOND: CONDITIONS OF USE
2.2 Incorporation by Referral
THIRD PARTY: USE OF THE SERVICES
3.1 The Services
FOURTH: PARTICIPATION OF TRIPSST!
4.1 Listing and Limited Representation Service
Unless otherwise stated, Tripsst! it is not the provider of the tourist services or the experiences listed in the Services for sale or registration. Tripsst! provides logistics and advertising services, which allow tourism service providers to promote and display a list of experiences, but all sales are, by default and at source, made by the respective tourism service providers that appear on the corresponding websites. Tripsst! it also acts as a limited representative, solely for the purpose of using the payment systems of third-party providers in order to collect payments paid by users of the Services in respect of an experience and processes those payments to the relevant tourism service provider. It is solely the responsibility of the provider of tourism services to ensure that the page published in Services about an experience and the nature and development of it complies with all local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on any page published about the event are satisfactorily represented.
4.2 User Payments
All payments made by Users to enjoy the Experiences of tourism service providers will be made through the Tripsst! Applications. Tripsst! may use third-party partners to process transaction payments by acting as a limited representative of the tourism service provider. The payments of Users will be retained by Tripsst! until the user begins to live the experience, from the confirmation of the User regarding the experience, a period of seven (7) business days will elapse for the money to enter the account of the provider of the tourist service (eg reservation for the 1, the experience is lived on the 5, from the 5th at the moment in which the user confirms that he is living the experience, the 7 working days for the owner of the experience to receive the income begin to be counted).
Tripsst! You will be entitled to the collection of the percentage submitted on the form by the partner of the subtotal of the payments, without prejudice to the fact that variable commissions can be established; depending on the commercial agreements with the providers of tourist services. These commissions do not have an identity with the commissions that may be charged by tourism service providers depending on the characteristics of the experiences; as well as they do not keep it with the charges that could be generated on behalf of the financial institution that provides debit and credit cards.
The various exchange and refund policies established by our tour service providers of the various experiences prohibit Tripsst! , by default, make changes or refunds after making a reservation. If a customer requests an exchange or a refund, Trisst! it will only process such a request, through its User Service Department.
5.1 Tripsst! Email Tools may make available to you functionalities and tools that allow you to contact other users of the Services or third parties by email (“Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
- Your use of the Email Tools complies with all local, state, provincial, national and other laws, rules and regulations, including those relating to spam;
- You will use the Email Tools exclusively to manage in good faith the experience that you have included in the list of Services;
- You will not use false or confusing headers or misleading information in the subject line of emails you send using the Email Tools.
- Identify the message as being of a commercial nature.
- You can’t hide, disable, delete, or try to hide, disable or remove the subscription cancellation link that Tripsst! includes in every email.
5.2 Legal actions
If you breach any of the foregoing statements, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruptions to the Services, Tripsst! you may, among other actions, restrict or suspend your access to the Email Tools or ultimately terminate your account.
SIXTH: ACCOUNT, PASSWORD AND SECURITY
As part of certain enrollment procedures on the Services, you will create an account or change or add information about your account. You agree to (a) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of a dispute between two or more parties over the ownership of the account, you agree that Tripsst! will be the sole arbitrator in the dispute, at its discretion, and that tripsst’s decision! (which may include the termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activity that occurs on your account. You agree to immediately notify Tripsst! about any unauthorized use of your password or account or any other breach of security.
6.3 Age-based restrictions
Tripsst! cares about the safety and privacy of minors. For this reason, and to be consistent with the conditions of use by third party service providers used by Tripsst! , you must be at least eighteen (18) years of age, or have reached the age of majority under the laws of the country in which you reside to use the Services. Otherwise, you may only use the Services with the participation of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).
7.1 Site Content
7.2 Your Content
7.3 Comments, Suggestions and Modifications
You hereby agree that (a) any and all suggestions for correction, change and modification of the Services and other comments and suggestions (including, without limitation, quotations from oral or written comments), information and reports that you provide to Tripsst! (collectively, the “Feedback”); and (b) all improvements, updates, modifications or advancements, whether made, created or developed by Tripsst! or otherwise related to the Feedback (collectively, the “Modifications”) are and shall remain the property of Tripsst!. All Comments and Modifications are the sole and exclusive property of Tripsst! and Tripsst! may use and disclose Feedback and/or Modifications in any way and for any purpose, without notice or compensation and without right of retention by you of any property or other right or claim. You hereby yield to Tripsst! any and all right, title and interest (including, without limitation, any patents, copyrights, future copyrights, trade secrets, trademarks, show-how and know-how and any other intellectual property rights) that you may have with respect to any and all Comments and Modifications. You hereby waive any moral rights you may possess in any and all Comments and Modifications, and consent to any act by Tripsst! that could amount to a violation of any such moral rights, in favor of Tripsst!. At the request of Tripsst! , will formalize any document, registration or presentation that is requested to give effective fulfillment to this provision.
8.1 Third Party Sites
8.2 Linked accounts
As part of the Services, you may link an account you have with a third-party service, such as social networking sites (e.g., Facebook or Google). By linking that third party account, you agree that Tripsst! may access, store and make available any Content that you have provided and stored in such third party account to make it available on or through the Services.
The Site and its content are provided on an “as is” and “as available” basis. Tripsst! disclaims all liability for warranties, express or implied, including, but not limited to, the implied warranties of merchantability, and fitness for a particular purpose. Tripsst! makes no commitment that the Website will operate error-free, uninterrupted or that it will provide specific results for the use of the Site or any content, search or link that is made on it.
Tripsst! cannot guarantee that the files you download from the Site will be free of viruses or contamination or destructive features. Tripsst! shall not be liable for damages of any kind arising out of the use of this Site including, but not limited to, direct, indirect, incidental, punitive and consequential damages. Tripsst! does not guarantee any specific results from the use of this Site or the use of the Tripsst! service.
TENTH: LIMITATION OF LIABILITY
While we strive to ensure that the Site is fully operational at all times, there are occasions when there are service interruptions due to essential maintenance tasks, system updates, interruptions in Internet service or any other factors beyond our control, Tripsst ! shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for loss of profits, revenue or business opportunities, even if Tripsst! has been advised of the possibility of such damages.
Tripsst!, the Site and the design are registered trademarks of Tripsst! Corp. All rights reserved.
Terms of Service
These Terms and Conditions of Service regulate the rules to which the use of the platform (or APP) and the www.tripsst.com site, owned by TRIPSST, CORP., with EIN 85 3632741 and registered office in New York City, 515 Madison Av., Piso 8, # 8073, State of New York (United States), incorporated in the State of Delaware in the year 2020, in 8 The Green, Ste R, in the City of Dover Country of Kent, Zip Code 19901, and hereinafter referred to as “TRIPSST!”. we”, “our”
FIRST:WHO WE ARE
It is a web and mobile platform that proposes users to experience different experiences around the world, through a network of interactions.
The TRIPSST Websites and Domains, including www.tripsst.com, and all web pages, subdomains, country domain level variants and subparts of those Sites (collectively, our “Site”), all services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications including, but not limited to, the Tripsst app, which Tripsst! offers, maintains and supplies. We refer to these as our “Services”.
1.3. Users Through the Services, Tripsst! provides a quick and easy means for registered users who are providers of tourist services to create the registration to the service of living experience, and the profiles involved; as well as the pages for fundraising and other pages related to their tourist experiences, to disseminate those pages and tourist experiences among visitors or navigators of the Services and for the sale of tickets and registrations (or to issue free registrations) and sell advertising products related to those tourist experiences to users who wish to live them, registrations or donations from or for such purposes (including those of a free nature) (“Customers”). We refer to Tuistic Service Providers, Customers and other visitors and other visitors and browsers of the Services, collectively referred to as “Users” or “you”.
1.4. Contracting Party
The Services are provided and you contract these Terms of Service with Tripsst!.
SECOND: OUR TERMS OF SERVICE
2.1 Terms of Service Agreement
The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our services, which are offered subject to your acceptance without modification of these Terms of Service. In addition to the provisions set forth below, these Terms of Service include and incorporate by reference the following agreements, conditions, policies, requirements and guidelines:
- in the event that tourism service providers who publish experiences with paid or free reservations, either through our 0% Commission Link or through the Tripsst! Platforms, our Commercial Agreement
- Additional terms and conditions that are reported in conjunction with the Additional Services that you may occasionally use or purchase.
THIRD: YOUR CONSENT
3.1 Binding Agreement
THESE TERMS OF SERVICE INCLUDE: (A) AN ARBITRATION CLAUSE FOR USERS LOCATED IN THE UNITED STATES; B) A WAIVER OF RIGHTS TO BRING CLASS ACTIONS AGAINST TRIPSST! FOR USERS LOCATED IN THE UNITED STATES; C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF TRIPSST! ; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF TRIPSST!; AND (E) A RELEASE FROM YOU WITH RESPECT TO ALL CLAIMS FOR DAMAGES AGAINST TRIPSST! ARISING FROM DISPUTES BETWEEN YOU AND THIRD PARTIES REGARDING YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES YOU ARE AGREEING TO THESE PROVISIONS.
Except to the extent set forth in Clause 6.10(i) below, Tripsst! reserves the right to modify or replace, in its sole discretion, any of the terms or conditions of these Terms of Service (or any of the agreements forming part of these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted on the Site with a change to the “Update” date at the top of these Terms of Service. In certain circumstances Tripsst! you may send additional notices of those Modifications to you, for example, through email or notifications from the Services. The Modifications will become effective thirty (30) days after the date of “Update” or on another date earlier required by law or as we inform you of in any notice you receive; except those changes made to address new functionalities of the Services on which no additional burden or obligations are imposed on you, which will be effective immediately. It is your responsibility to periodically review these Terms of Service for Modifications. Your continued use of the Services following the entry into force of any Modification to these Terms of Service constitutes acceptance of such Modifications. If you do not agree to a Modification to any of these Terms of Service, you must cease accessing, browsing and any other form of use of the Services. Except as set forth in this paragraph, these Terms of Service may only be modified by a Ticketing Services Agreement or an Addendum Agreement entered into in writing between you and an officer of Trippsst! empowered to that effect.
For your convenience, we may translate these Terms of Service (or any of the agreements that make up these Terms of Service) into other languages. The version governing your use of the Services is the English language version of each such document and, in the event of any discrepancy between the English version and the translated version, the English version shall prevail.
FOURTH: DURATION; RESCISSION
These Terms of Service shall be effective upon Acceptance as set forth in Clause 3.1 above and shall continue in effect until terminated.
4.2 Termination by Tripsst!
Except to the extent otherwise agreed in an Addendum to the Agreement granted in writing or in a Ticketing Service Agreement entered into between you and an employee empowered by Tripsst!, Tripsst! may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) when allowing you to access and use the Services violates any local, state, provincial, national or other laws, rules and regulations or if you expose Tripsst! to legal liability. We will make reasonable efforts to inform you of such termination. In addition, you agree that Tripsst! shall not be liable to you or any third party for the termination of your right to use or otherwise access the Services. The cancellation of your account will imply the deletion of your personal data.
4.3 Termination by You
Except to the extent otherwise agreed in an Addendum to the Agreement granted in writing or in a Ticketing Service Agreement entered into between you and an employee authorized by Tripsst! , you may terminate your access to the Services and these Terms of Services by deleting your account. Customers may cancel their accounts by contacting a Tripsst employee by phone or email! at any of the addresses or numbers provided in Clause 6.7. Tourism Service Providers, except those who have entered into a separate Ticketing and/or Reservation Service Agreement (in which the clauses specified therein apply), may also cancel their accounts by contacting one of the contacts indicated therein.
In the event that there is a separate agreement between you and Tripsst! , governing your use of the Services and such agreement terminating or expiring, these Terms of Service (as not modified by such agreement) shall govern your use of the Services, until you cancel your account.
4.4 Subsistence of the Clauses
All provisions of these Terms of Service that, by their nature, should survive the termination of these Terms of Service shall continue (including, without limitation, all limitations of liability, disclaimers, indemnification obligations, disclaimers of warranty, arbitration agreements, choice of law and jurisdiction, and protection of intellectual property and licenses).
FIFTH: SPECIAL CONDITIONS FOR INTERNATIONAL USE
5.1 U.S. Export Legislation Services are subject to U.S. export controls and economic penalties established by law. By accepting these Terms of Service, you represent and warrant that:
- You are not located in, and are not a citizen or resident of, any country to which the United States, the United Kingdom, the European Union, Australia or Canada have embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including, without limitation, Cuba, Iran, North Korea, Sudan or Syria.
- You are not a person or entity owned, controlled by, or linked to a person or entity (i) appearing on the List of Specially Designated Nationals published by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the Foreign Evaders Sanctions List or the Palestinian Legislative Council List; (ii) appearing on the Terrorist Exclusion List published by the U.S. Department of State ;( iii) appearing on the List of Unauthorized and Unverified Persons or Entities published by the U.S. Bureau of Industry and Security; (iv) which appears on the Consolidated List of Objectives published by the British Ministry of Economic Affairs; (v) appearing on the Consolidated List published by the Australian Department of Foreign Affairs and Trade; (vi) is subject to sanctions in any other country; or (vii) engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
SIXTH: Important legal conditions governing all Use of the Services;
6.2 Disclaimer of Warranties
TRIPSST! IT SUPPLIES OUR SERVICES WITH A LEVEL OF SKILL AND REASONABLE CARE FROM A COMMERCIAL POINT OF VIEW AND WE TRY TO MAINTAIN TRIPSST! IN OPERATION, ERROR-FREE AND SECURE. HOWEVER THERE ARE CERTAIN THINGS ABOUT WHICH WE MAKE NO PROMISES ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEREBY, TRIPSST! IT EXPRESSLY DISCLAIMS LIABILITY FOR ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AS AN EXAMPLE, TRIPSST! YOU DO NOT WARRANT THAT (A) THE SERVICES (OR ANY PART OF THE SERVICES) WILL MEET YOUR NEEDS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES ARE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT TRIPSST! YOU HAVE NO CONTROL OVER THEM AND YOU DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE PROMOTED EVENTS, THE VERACITY OR ACCURACY OF THE CONTENTS OF ANY USER (INCLUDING THE CONTENTS OF CLIENTS, OTHER NON-PROVIDERS OF TOURIST SERVICES AND PROVIDERS OF TOURIST SERVICES) NOR OF THE ADVERTISEMENTS OR THE ABILITY OF ANY USER (INCLUDING CUSTOMERS AND ORGANIZERS) TO PERFORM OR COMPLETE A TRANSACTION AND TRIPSST! YOU ARE NOT LINKED, AND HAVE NOT RECEIVED ANY MANDATE OR EMPLOYMENT RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND TRIPSST! IT HAS NO LIABILITY AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY. THERE IS NOTHING IN THESE TERMS OF SERVICE THAT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY INTENTIONAL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED CONDITIONS, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITIES AND OTHER LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.3 Limitation of Liability
Tripsst! provides a space for commerce in which Customers and tourism service providers can make transactions. However, Tripsst! it could not function if you were held responsible for the actions or omissions of the different Clients, Organizers and/or third parties, both within the scope of the Services and outside it. For this reason, as an incentive for Tripsst! to authorize your access to and use of the Services, you agree to release Tripsst!, and its affiliates and subsidiaries, and each of their respective officers, directors, representatives, partners and employees, from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known or unknown, arising out of or in any way being related to disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or rule that, in essence, states that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHOSE EXISTENCE THE EXONERATING PARTY IGNORES OR DOES NOT SUSPECT EXIST IN ITS FAVOR AT THE TIME OF MAKING THE RELEASE AND WHICH, HAD IT KNOWN OF THEM, WOULD HAVE MATERIALLY AFFECTED THE RESOLUTION OF THE DISPUTE AGREED WITH THE RELEASED PARTY.”
The trademarks, service marks and logos of Tripsst! (the “Tripsst Marks!”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Tripsst!. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Marks” and, referred to in conjunction with the Tripsst Marks! , the “Marks”). The offering of Services may not be construed as granting by implication, estoppel, or otherwise any license or right to use the Marks displayed in connection with the Services without the prior consent of Tripsst! granted in writing in each specific case for each of these uses. The Marks cannot be used to discredit Tripsst! , to third parties or to products or services of Tripsst! or third parties, or in any way in which the fame or reputation of the brands may be damaged. Use of any Mark as part of a link to or from any site is prohibited unless Tripsst! approves the creation of such a link by prior written consent granted in each specific case for each of those links. The reputation earned by the use of any Tripsst! Mark will inure to the benefit of Tripsst!.
6.6 Patents; Copyright
Communications may be sent by email or postal mail to the address listed in tripsst! records. The Services may also send communications about changes made to these Terms of Service or about other matters, displaying notices or links to notices generally on the Services. If you wish to contact Tripsst! or deliver any communication, you can do so as follows:
- Por correo postal: EE. UU.: 515 Madison Avenue 8th Floor # 8073 New York City, NY 10022
6.8 Entire Agreement
6.9 Applicable law
Except as set forth in Clause 6.10 below, these Terms of Service and the provision of the Services provided to you are subject to the laws of the State of New York, USA. , without reference to conflict of law principles.
6.10 BINDING ARBITRATION
FOR USERS LOCATED IN THE U.S. ONLY : PLEASE READ THIS CLAUSE CAREFULLY, AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM PURSUANT TO THESE TERMS OF SERVICE OR WITH RESPECT TO THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THAT THE CLAIM MEETS THE REQUIREMENTS) AND SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS; CIVIL ACTIONS OR CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION CLAIMS ARE NOT PERMITTED ONCE THIS CLAUSE TAKES EFFECT.
- Contact us first.
If you have any questions or concerns about the Services, please contact us first. Our customer support team will try to answer your question or solve your problem.
- Agreement to Resort to Arbitration.
In the unlikely event that our customer support team is unable to resolve your concerns, each of us agrees to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim meets the requirements) instead. to appeal to the courts of general jurisdiction and solely on the basis of individual action and not as part of collective, consolidated or representative judicial proceedings. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator rather than a judge or jury. Arbitrators may award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Clause, and not a federal, state, or local court or agency shall have the authority to resolve any controversy or claim relating to this clause, including, but not limited to, the scope, enforceability, and arbitrability of these Terms of Service. This arbitration clause shall survive the termination of these Terms of Service. These Terms of Service demonstrate the existence of interstate commerce and the interpretation and enforceability of this Section 6.10 is subject to the Federal Arbitration Act, notwithstanding the choice of law made in Clause 6.9 above.
- Scope of the Agreement.
This agreement for arbitration should be interpreted broadly. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims arising prior to this or any other foregoing agreement (including, without limitation, claims relating to advertising); and (iii) all claims that may arise following the termination of these Terms of Service and/or the use of the Services.
- Class Actions are not permitted.
YOU AND TRIPSST! AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ACTING ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR PARTY TO A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN THE CLAIMS OF A SINGLE PERSON, MAY NOT HEAR ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION PROCEEDINGS, AND MAY ONLY PROVIDE RELIEF ON BEHALF OF THE PARTY INDIVIDUALLY SEEKING REMEDY AND ONLY TO THE EXTENT NECESSARY TO PROVIDE SUBSTANTIATED REMEDY IN THAT PARTY’S INDIVIDUAL CLAIM.
- Notice of Dispute.
Where one party intends to arbitrate, it must first send the other in writing a Notice of Dispute (“Notice”). Notification to Tripsst! will be delivered to the address indicated in Clause 6.7 above (“Communications”) and must be sent by registered mail. Notice to you must be sent to a postal address, domicile or registered payment address that, at that time, Tripsst! is registered and must be sent by registered mail. If Tripsst! has no record of that physical address, such Notice may be sent to your Tripsst! account email address. The Notice must (i) describe the nature and reasons for the claim or dispute; and (ii) state the specific remedy being sought. Yes Tripsst! and you will not reach an agreement to resolve the claim within sixty (60) calendar days of receiving the Notice, Tripsst! may initiate arbitration proceedings.
- Arbitration Procedure
The arbitration shall be governed by the Commercial Arbitration Rules or, if the actions giving rise to the dispute or claim relate to your domestic or personal use of the Services (rather than commercial use), the Commercial Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (hereinafter, “AAA”) that are applicable. The AAA Standards are available online at adr.org or by calling the AAA at +1 -800-778-7879. These Terms of Service are binding on the arbitrator(s). The arbitrator(s) shall decide all matters, including, but not limited to, those relating to the scope, enforceability and arbitrability of this clause 6.10. Unless Tripsst! and you agree otherwise, arbitration hearings will be held at a location reasonably convenient for both parties, in the U.S., with due consideration to the parties of their ability to travel and other relevant circumstances. If the parties fail to agree on a location, it will be determined by the AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator(s) shall issue a written decision providing sufficient grounds for the essential findings and conclusions on which the award is based. All decisions of the arbitrator(s) are final and binding and the award rendered may be submitted to any competent court.
- Future Modifications. Notwithstanding any provisions in these Terms of Service to the contrary, you and Tripsst! agree that if Tripsst! makes any future modification to this arbitration clause (other than a change to the Notice Address) Tripsst! will notify you of such modification and you may reject it by sending a written communication within thirty (30) calendar days from the Notification of change of address indicated above. By rejecting any future modifications, you agree that you will handle any dispute between us in accordance with the terms of this clause by having it as unmodified by the change so rejected.
- Special severability.
In the event that the provisions of Clause 6.10 above prove invalid or unenforceable because of any controversy or claim, in that case, notwithstanding clause 6.11, the entirety of this section 6.10 shall be null and void with respect to such dispute or claim and Clause 6.12 shall apply in lieu of this Clause 6.10.
6.11 Waiver; Invalidity of clauses
The lack or delay of Tripsst! the exercise or enforcement of any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. Waivers, amendments or modifications made orally for any reason or circumstance will not be valid.
6.12 Competent jurisdiction
In the event that it is determined that the foregoing Agreement to Resort to Arbitration does not apply to you or to a particular claim or dispute for any reason, in that case any claim or controversy that is not subject to arbitration shall be settled exclusively in a federal court in New York City, New York and, to the extent that it does not have the material jurisdiction of that federal court, shall be decided in a state court of the State of New York. Both you and Tripsst! agree to submit to the personal jurisdiction and the aforementioned courts and agree that such forum is desirable.
All titles to the clauses of these Terms of Service are for convenience only and have no legal or contractual effects.