PLEASE CAREFULLY READ THIS TERMS OF USE AGREEMENT (THE “TERMS”). BY ACCESSING, BROWSING OR USING Travel Wise WEBSITE AVAILABLE AT travelwise.news OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT (THE “WEBSITE”) YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Travel Wise. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
These Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
These terms limit the remedies that may be available to you in the event of a dispute.
Please note that the Terms and any other applicable terms and conditions or policies are subject to change by Travel Wise (address for correspondence: 95 Third Street, 2nd Floor, San Francisco, California, 94103, United States of America) in its sole discretion at any time. Travel Wise reserves the right to modify and update the terms from time to time and such changes shall be effective immediately upon posting to the website.
You understand and agree that any continued use and access to the Website after any posted updates of the Terms, means that you voluntary agree to be bound by these Terms. If you do not agree to be bound by the updated Terms, you should not use (or continue to use) the Website.
1. USE AND OWNERSHIP OF Travel Wise PROPERTIES
1.1. The Website and the content and information available on the Website (“Travel Wise PROPERTIES”, “THE “SERVICES”) are owned by us and its licensors and suppliers and is protected by copyright laws throughout the world. Subject to the Terms, Travel Wise grants you a a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to reproduce portions of Travel Wise Properties for the sole purpose of using the Website for your personal purposes.
1.2. You must not edit, reproduce, transmit or lend the Travel Wise Properties or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this Section.
1.3. The term of this license shall be for a term of 3 years from the date of you receiving the applicable Travel Wise Properties, unless earlier suspended or terminated in accordance with these Terms.
1.4. Travel Wise’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Travel Wise Properties are the trademarks of Travel Wise and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Travel Wise Properties are the property of their respective owners.
1.5. You are prohibited from selling, offering for sale, sharing, renting out or lending Travel Wise Properties, or copies of Travel Wise Properties.
2. RESPONSIBILITY FOR CONTENT
2.1. You acknowledge that all Content, including Travel Wise Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and us, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through Travel Wise (“YOUR CONTENT”). By uploading, transmitting or submitting Your Content, you affirm, represent and warrant that such Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that you have permission from any third party whose personal information or intellectual property is comprised or embodied in Your Content; and (c) free of viruses, adware, spyware, worms or other malicious code. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any of Your Content.
3. INTERACTIONS WITH OTHER USERS
3.1. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Travel Wise reserves the right, but has no obligation, to intercede in such disputes. You agree that Travel Wise will not be responsible for any liability incurred as the result of such interactions.
3.2. Travel Wise Properties may contain User Content provided by other users. Travel Wise is not responsible for and does not control User Content. Travel Wise has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
4. FEEDBACK
4.1. You agree that submission of any ideas, suggestions, documents, and/or proposals to Travel Wise (“FEEDBACK”) is at your own risk and that Travel Wise has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Travel Wise a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, in connection with the operation and maintenance of Travel Wise Properties.
5. AFFILIATE ADVERTISING DISCLOSURE
5.1. This website may contain various advertising and sponsored materials, affiliate links. In case you want to advertise through this website, you shall submit your request here.
5.2. One of the ways this website receives funds to continue operation is through displaying affiliate links in website which lead you to other websites. Our website may receive a monetary compensation once you click them or make a purchase in those advertised websites. As you press the affiliate link, we will precisely know that the link was press in our website. In any case, if you choose to purchase something after you click such affiliate links, please carefully read their offers, and check the terms in such websites before making any purchase. The owner of this website (us) takes no responsibility for the content of such links and materials, this is sole responsibility of each advertiser and/or sponsor. In case such content contains any material, which is illegal or is inaccurate, all claims shall be addressed to the advertisers or sponsors directly, in all cases they shall be held responsible.
6. PRIVACY
6.1. The processing of your personal data is governed by the Privacy Policy. It is recommended for you to print and keep a copy of the Privacy Policy together with these Terms.
7. INDEMNIFICATION
7.1. You will indemnify and hold Travel Wise, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your breach of this Agreement or use of the Services, or your violation of any law or the rights of a third party in conjunction with your breach of these Terms or use of the Services.
8. DISCLAIMER OF WARRANTIES
8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Travel Wise PROPERTIES IS AT YOUR SOLE RISK, AND Travel Wise PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Travel Wise PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) Travel Wise PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF Travel Wise PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN Travel Wise PROPERTIES WILL BE CORRECTED. Travel Wise EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY Travel Wise PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH Travel Wise PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Travel Wise HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE Travel Wise PROPERTIES OR (2) ANY OTHER MATTER RELATED TO Travel Wise PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO Travel Wise PROPERTIES SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). YOU AND Travel Wise AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, Travel Wise PROPERTIES OR ANY CONTENT POSTED ON Travel Wise PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Travel Wise AND YOU.
10. DISPUTES
10.1. Please read this Arbitration Agreement carefully. It is part of your contract with Travel Wise and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
10.2. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between us and you, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You and Travel Wise agree that you and Travel Wise are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
10.3. You agree that any arbitration under the Terms will take place on an individual basis; class arbitrations and class actions are not permitted, and Client is agreeing to give up the ability to participate in a class action.
10.4. You may opt out of this agreement to arbitrate by emailing [email protected] with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
10.5. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
11. GENERAL PROVISIONS
11.1. GOVERNING LAW. These terms are governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of your location.
11.2. ELECTRONIC COMMUNICATIONS. The communications between you and Travel Wise use electronic means, whether you visit Travel Wise Properties or send Travel Wise e-mails, or whether Travel Wise posts notices on Travel Wise Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Travel Wise in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Travel Wise provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. You may request a copy of this Agreement or any other contractual document by contacting [email protected]. Also, you The Client may contact us at any time by sending a message to [email protected].
11.3. ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Travel Wise’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
11.4. FORCE MAJEURE. Travel Wise shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11.5. COMPLIANCE. If you believe that Travel Wise has not adhered to the Terms, please contact Travel Wise by emailing us at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
11.6. WAIVER. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.7. SEVERABILITY. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
11.8. ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
BY USING OR ACCESSING THE SERVICES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTOOD IT, AND AGREE TO BE BOUND BY IT.
