Terms of Service - Travel Professionals
TripCrafters Terms and Conditions
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. By registering with TripCrafters through our online application form or otherwise, or by using the service(s) provided under these Terms of Service ("Terms"), you accept all terms and conditions of these Terms. If you do not agree to these Terms, please do not register with TripCrafters.
The term "you" as used herein refer to all individuals and/or entities identified in the Travel Agent Registration form ("Account Owner") that registers for a TripCrafters Travel Agent Account ("TripCrafters Account") and all other persons authorized by the Account Owner to purchase Leads (as defined below) under the account of the Account Owner.
Description of Services
TripCrafters provides a service that connects Travel Agents (as defined below) to users of the TripCrafters website ("Users") who submit trip requests (which include User contact information and trip itineraries) ("Leads"). These Leads are offered for sale by TripCrafters to up to three Travel Agents who can service the trip itinerary of the User. For the purposes of these Terms, a "Travel Agent" is any person or entity who acts as an agent of a supplier of, sells or offers for sale any travel, transportation or vacation arrangements.
Registration
Registration with TripCrafters as a Travel Agent is free of charge. By registering with TripCrafters and opening a TripCrafters Account, you represent and warrant to TripCrafters that all information submitted to TripCrafters is current, complete and accurate. You further agree that you will keep this information current and up to date. If you register with TripCrafters, TripCrafters will provide you with an individual password selected by you for your TripCrafters Account. You are responsible for keeping the password confidential and you are responsible for all activities that occur with the use of the TripCrafters Account, whether or not such use is authorized. You agree that you will not share your password with anyone else and if you discover any unauthorized use you will immediately inform TripCrafters of such use.
Lead Alerts
By registering with TripCrafters you agree that TripCrafters may send you, from time to time, emails alerting you of Leads (without User contact information) available for purchase. You are under no obligation to purchase any Leads from TripCrafters. You also agree that TripCrafters may send you from time to time communications notifying you of any TripCrafters promotions, contests and surveys.
Purchase of Leads
If you decide to purchase a Lead from TripCrafters, you shall purchase the Lead from TripCrafters at the then prevailing price of the Lead as indicated on the online order form. You hereby expressly authorize TripCrafters deduct the price of the Lead from your available credit balance with TripCrafters or to charge the credit card account(s) provided by you in the online order form, or any other credit card account substituted by you from time to time for all charges owed by you to TripCrafters under or in connection with these Terms. TripCrafters charges the full amount of each invoice at the time of order. If it becomes necessary to take action to receive payment, for any reason whatsoever, you agree to pay all costs and expenses of collection, including, but not limited to, attorneys' fees, the fees of any collection agency and court costs. Leads are subject to availability, and prices are subject to change.
Servicing Leads
By purchasing Leads you acknowledge and agree that (i) the Lead you purchase may be purchased by up to two other Travel Agents who can service the trip request of the Lead, (ii) only the person purchasing the Lead may contact the User, (iii) you will contact the User within forty-eight (48) hours of purchase; (iv) you will only contact the User in the manner indicated by the User in the Lead; (v) you will not disclose, sell, transfer, assign or give any Lead provided by or through TripCrafters to any other person or entity, (vi) you will use the Leads solely for the purpose of responding to the trip request of the User, (vii) you will comply with any and all applicable laws, rules and regulations and any applicable industry and ethical standards, (viii) you will not act or omit to act in any way towards a User that is fraudulent, deceptive, threatening, abusive, harassing, discriminatory, defamatory or invasive of that person's privacy, and (ix) you will not take any action designed to manipulate user feedback, reviews and ratings.
Travel Agent Profile
By submitting your Travel Agent Profile to TripCrafters, you grant, and you represent and warrant that you have the right to grant, to TripCrafters an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, and distribute your Travel Professional Profile (including, without limitation, any and all information, images and content contained therein) to Users and to prepare derivative works of, or incorporate into other works, your Travel Agent Profile.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on TripCrafters that infringes or violates someone else's intellectual property rights or otherwise violates the law
We can remove any content or information you post on TripCrafters if we believe that it violates our Terms of Service
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate
If you notice any intellectual property infringement on TripCrafters, please bring it to our attention by writing to us at [email protected]
User Feedback, Reviews and Ratings
Users may from time to time submit feedback and reviews to TripCrafters about the services rendered by you in connection with your servicing of a Lead. You understand that TripCrafters may from time to time publish such feedback and reviews and use such feedback and reviews to rate the services rendered by you. You acknowledge that TripCrafters does not control, pre-screen and is not responsible for such feedback and reviews made that by purchasing a Lead you may receive feedback and reviews that are inaccurate, defamatory, offensive, indecent, inaccurate, misleading, discriminatory or otherwise objectionable.
Proprietary Rights
All content that is made available in connection with the Website and Services is protected under copyright laws and international conventions and is owned by TripCrafters; provided that TripCrafters does not claim ownership of User Feedback that its users post.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TripCrafters. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.
You acknowledge and agree that TripCrafters owns, solely and exclusively, all rights, title and interest in and to the TripCrafters website (the "Website") including, but not limited to, all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto. All other trademarks, logos, and service marks (collectively the "Marks") used in the Website are the property of TripCrafters or their respective owners. Your use of the Website should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of TripCrafters or the third party owner thereof, as shall be relevant.
Representations and Warranties
You represent, warrant and covenant to TripCrafters that (i) all persons authorized by the Account Owner to use the TripCrafters Account are Travel Agents, (ii) you maintain all requisite licenses, certifications, accreditations and authorizations required for the conduct of the Travel Agent business and all such licenses, certifications, accreditations and authorizations are valid and in good standing; (iii) you have the full right, power and authority to enter into these Terms, (iv) the execution of these Terms by you and your use of the Leads do not and will not violate any law or regulation or any agreement to which you are a party, and (v) you may not use any hardware or software intended to damage or interfere with the proper and timely functioning of any service offered by TripCrafters, or to surreptitiously intercept any system, data or personal information from TripCrafters.
Termination
Either party may cancel these Terms at any time, with or without cause, by written notice to the other party. Notice of cancellation by you must include your full name, email address and password for proper identification. You may cancel by sending an email to TripCrafters, at [email protected], with "cancel" typed in the subject field and the foregoing information included in the body of the message. TripCrafters may cancel by email notice at your last known email address. In the event that an invoice/order is in mid process at the time of termination, TripCrafters will complete its obligation to fulfill any balance of Leads due to you and you shall be obligated to make payment in full for such invoice/order; provided, however, if you contest a charge or have breached a payment or other obligation under these Terms, then TripCrafters shall have the right, at its discretion, to cease providing any further Leads to you. TripCrafters will not issue any cash refunds in the event of cancellation of services by either party.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE LEADS ARE PROVIDED HEREUNDER "AS IS" WITH NO WARRANTY WHATSOEVER AND THAT YOUR USE OF ANY SERVICES PROVIDED BY TRIPCRAFTERS ARE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT TRIPCRAFTERS DOES NOT INVESTIGATE OR OTHERWISE VERIFY ANY OF THE LEADS. TRIPCRAFTERS DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. TRIPCRAFTERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED BY PURCHASING LEADS AND UNDER NO CIRCUMSTANCES WILL TRIPCRAFTERS BE RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY USER INCLUDING, WITHOUT LIMIATIONS, ANY TRANSACTION THAT MAY RESULT. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TRIPCRAFTERS ACCEPTS NO LIABILITY IF IT IS UNABLE TO PERFORM A SERVICE AS A RESULT OF (I) A TECHNICAL PROBLEM WHICH IS NOT IN ITS CONTROL OR FOR WHICH IT IS NOT RESPONSIBLE FOR, OR (II) THE NON OR PARTIAL PERFORMANCE OF ANOTHER PARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.
Limitation of Liability
TRIPCRAFTERS DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM (A) THE USE OR DISCLOSURE OF ANY LEAD; AND (B) ANY TRANSACTION BETWEEN YOU AND A USER. WITHOUT LIMITING THE FOREGOING, TRIPCRAFTERS SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO TRIPCRAFTERS IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE LEAD(S) AND/OR THE SERVICES PROVIDED BY TRIPCRAFTERS, YOU UNDERSTAND AND AGREE THAT TRIPCRAFTERS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE TRIPCRAFTERS, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
Indemnification
You shall indemnify and hold harmless TripCrafters (and its officers, directors, partners, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense, including reasonable attorney's fees, arising from any claim, demand, action or proceeding based upon or arising out of any use of a Lead, use of any service provided by TripCrafters, or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
Violation of the Terms
Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to [email protected]. TripCrafters's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Privacy Protection
TripCrafters' collection and use of information about you is subject to our Privacy Policy, which may be accessed by clicking here.
Terms Subject to Change
These Terms are subject to change by TripCrafters at any time. TripCrafters will notify you of any changes by email. Changes shall become effective ten (10) days after emailing to you such new terms. Your failure to cancel these Terms within such period shall constitute your agreement to be bound by the new terms.
Frequently Asked Questions
Please see our FAQ's section of our website by clicking here.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TripCrafters as a result of these Terms or use of any of TripCrafters' services. There are no third party beneficiaries of these Terms. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. By choosing to give your number to use our services, you give the consent to receive SMS from TripCrafters. No waiver of any term or condition of these Terms will be valid or binding on a party unless agreed upon by such party in writing. The terms and conditions contained in these Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, whether oral or written. The following sections survive any termination of these Terms: "Registration", "Purchase of Leads", "Proprietary Rights", "Representations and Warranties", "Termination", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification" and "Miscellaneous".