TRIPMULE TERMS OF SERVICE

Last Updated: November 1, 2014

TRIPMULE TERMS OF SERVICE FOR TRAVEL PROFESSIONALS


IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. By registering with TripMule 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 ('Terms') set forth herein. The following terms and conditions ("Terms") apply to the use of our website, TripMule.com , Mobile site or app ("Website") including the Trip Request Lead services offered on the Website (the "Services"). By accessing and using this Website, you agree to be bound by each of the terms and conditions and Terms of Service ("Terms") set forth herein and to use the Website in accordance with these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services made available to you through the Website (all of which are deemed part of these Terms of Service). Registering the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Website or Services.


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 TripMule Travel Agent Account ('TripMule Account') and all other persons authorised by the Account Owner to purchase Leads or Credits (as defined below) under the account of Account Owner.

The term 'TripMule', 'Website', 'we' or 'us' as used herein refers to our website, mobile site, app or company as registered by Company House.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. If we make a material change to the Terms of Service, we will not enforce the material change retroactively (i.e., to use of the Website occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the Website or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Site, or terminate your account. By continuing to use the Website after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified.

We also reserve the right to deny access to the Website or any features of the Website to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

DESCRIPTION OF SERVICES

Tripmule provides a service that connects Travel Agents (as defined below) to users of the TripMule website, mobile site or app ('Users') who submit trip requests (which include trip iteneraries) ('Leads'). These Leads are automatically sold to a matched selection of Travel Agents who can service the trip itinerary of the User. For the purpose 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 TripMule as a Travel Agent is free of charge. By registering with TripMule and opening a TripMule Account, you represent and warrant to TripMule that all information submitted to TripMule is current, complete and accurate. You further agree that you will keep this information current and up to date. If you register with TripMule, you will need also provide a username and password to create your account. You are responsible for keeping the password confidential and you are responsible for all the activities that occur with the use of the TripMule Account, whether or not such use is authorised. You agree that you will not share your password with anyone else and if you discover any unauthorised use you will immediately inform TripMule of such use.

LEAD ALERTS

By registering with TripMule you agree that TripMule 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 TripMule if your credit /account balance is zero. You also agree that TripMule may send you from time to time communications notifying you of any TripMule promotions, contests and surveys.

PURCHASE OF LEADS

If you decide to top-up the balance of your account with credits (Euro 1= 10 credits), you hereby expressly authorise TripMule deduct the price of the Lead from your available credit balance with TripMule 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 TripMule under or in connection with these Terms. TripMule charges the full amount of each lead at the time of receipt of such lead. 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, attorney's 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

  1. The Lead you purchase may be purchased by up to two other Travel Agents who can service the trip request of the Lead,
  2. Only the person purchasing the Lead may contact the User on their own TripMule dashboard;
  3. You will contact the User within forty-eight (48) hours of purchase;
  4. You will only contact the User on the manner indicated by the User in the Lead (TripMule dashboard interface);
  5. You will not disclose, sell, transfer, assign or give any Lead provided by or through TripMule to any other person or entity;
  6. You will use the Leads solely for the purpose of responding to the trip request of the User,
  7. You will comply with any and all applicable laws, rules and regulations and any applicable industry and ethical standards
  8. 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
  9. You will not take any action designed to manipulate user feedback, reviews and ratings.

TRAVEL AGENT PROFILE

By submitting your Travel Agent Profile to TripMule, you grant, and you represent and warrant that you have the right to grant, to TripMule and irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence 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'SRIGHTS

We respect other people's rights, and expect you to do the same.

  • -You will not post content or take any action on TripMule 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 TripMule if we believe that it violates our Terms of Service
  • - If you repeatedly infringe other peoples intellectual property rights, we will disable your account when appropriate
  • - If you notice any intellectual property infringement on TripMule, please bring it to our attention by writing to us at info@tripmule.com

USER FEEDBACK, REVIEWS AND RATINGS

Users may from time to time submit feedback and reviews to TripMule about the services rendered by you in connection with your servicing of a Lead. You understand that TripMule 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 TripMule does not control, pre-screen and is not responsible for such feedback.

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 TripMule; provided that TripMule 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 TripMule. 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 TripMule owns, solely and exclusively, all rights, title and interest in and to the TripMule 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 property rights inherent therein or appurtenant thereto. All other trademarks, logos, and service marks (collectively the 'Marks') used in the Website are the property of TripMule 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 TripMule or the third party owner thereof, as shall be relevant.

INTELLECTUAL PROPERTY RIGHTS

The Website and Services may contain images of and/or links to third party web sites, whether in the form of advertising or otherwise ("Linked Websites"). The Linked Websites are not under the control of TripMule and TripMule is not responsible for the contents of any Linked Website. TripMule is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TripMule of the site or any association with its operators.

LIMITATION ON USE OF COMPANY DIRECTORIES

The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.

MODIFICATIONS TO, OR DISCONTINUATION OF, THE SITE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any portion thereof.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant to TripMule that (i) all persons authorised by the Account Owner to use the TripMule Account are Travel Agents, (ii) you maintain all requisite licenses, certifications, accreditations and authorisation required or the conduct of the Travel Agent business and all such licenses, certifications, accreditations and authorisations 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 TripMule, or to surreptitiously intercept any system, data or personal information from TripMule.

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 for proper identification. You may cancel by sending an email to TripMule , at info@tripmule.com, with 'cancel' typed in the subject field and the foregoing information included in the body of the message. TripMule may cancel by email notice at your last know email address. In the event that any invoice/ order is in mid process at the time of termination, TripMule will complete its obligation to fulfil 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 TripMule shall have the right , at its discretion, to cease providing any further Leads to you.

DISCLAIMER OF WARRANTIES

YOU AKNOWLDEGE THAT THE LEADS ARE PROVIDED HERUNDER 'AS IS' WITH NO WARRANTY WHATSOEVER AND THAT YOUR USE OF ANY SERVICES PROVIDED BY TRIPMULE ARE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU AKNOWLEDGE THAT TRIPMULE DOES NOT INVESTIGATE OR OTHERWISE VERIFY ANY OF THE LEADS. TRIPMULE DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRIDGEMENT. TRIPULE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED BY PURCHASING LEADS AND UNDER NO CIRCUMSTANCES WILL TRIPMULE BE RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY USER INCLUDING, WITHOUT LIMITATIONS, ANY TRANSACTION THAT MAY RESULT. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TRIPMULE 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 ARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.

LIMITATION OF LIABILITY

TRIPMULE 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 OR ANY LEAD; AND (B) ANY TRANSACTION BETWEEN YOU AND A USER. WITHOUT LIMITING THE FOREGOING, TRIPMULE SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO TRIPMULE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING 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 TRIPMULE, YOU UNDERSTAND AND AGREE THAT TRIPMULE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE TRIPMULE, 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 TripMule ( 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 TripMule, or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.

VIOLATION OF TERMS

Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to info@tripmule.com. TripMule's failure to act with respect to a breach by you or others does not wave its right to act with respect to subsequent or similar breaches.

PRIVACY PROTECTION

TripMule's collection and use of information about you is subject to our Privacy Policy, which may be accessed by clicking on the relevant link in the footer. These Terms include and fully incorporate our Privacy Policy.

TERMS SUBJECT TO CHANGE

These Terms are subject to change by TripMule at any time. TripMule 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 on the relevant link in the footer.