TERMS AND CONDITIONS.
Any use of the Services, including any purchase of any products or features available through or Services, is governed by these Terms.
1. REGISTRATION AND USER ACCOUNT
1.1 To make use of certain features of the Services, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission.
1.2 When creating your Account, you must provide accurate and complete information.
1.3 The Account is personal, and should not serve any other person but the User.
1.4 You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account.
1.5 You may delete your Account at any time, provided that we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise). If you wish to delete your Account you may send an email request to us at the contact details below.
2. USER OBLIGATIONS AND RESTRICTIONS.
2.1 Obligations. You agree to do each of the following in connection with your use of the Services:
(i) comply with all applicable laws, rules, and regulations, including those regarding data protection and privacy, intellectual property rights, and export control; and
(ii) pay the fees for the Services, if applicable, when due.
2.2 Restrictions. You shall not (and shall not permit or encourage any third party to) do any of the following:
(a) reproduce, mirror, or frame the Service;
(b) sell, assign, lease, lend, rent, distribute, or make available the Service to any third party, or otherwise offer or use the Services in a time-sharing, outsourcing, or service bureau environment;
(c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Service;
(d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Services;
(e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service;
(f) make a derivative work of the Service, or use the Services to develop any service or product that is the same as (or substantially similar to or competitive with) the Service;
(g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service;
(i) take any action that imposes or may impose (at ‘s sole discretion) an unreasonable or disproportionately large load on the Services infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Service;
(j) use the Services to infringe, misappropriate or violate any third party’s Intellectual Property Rights, or any Law;
(k) use the Services or any part thereof, in any fraudulent or unlawful manner, or breach of these Terms.
2.3 User Responsibility. When using the Services, you must act responsibly and exercise good judgment. This means, among other things, that any content uploaded/written/submitted by you, including but not limited to when you interact with a third party via our Local Hero feature, you may not:
(i) violate these Terms, or any applicable law or regulation;
(ii) infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity, or contractual rights;
(iii) except as expressly permitted herein, use the Services for any commercial purpose whatsoever;
(iv) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your association with any person or entity, whether by providing or omitting to provide information;
(v) interfere or damage the Services by, inter alia, the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks, or similar methods or technologies; or
(vi) contain Abusive Content (as defined below). You understand and agree that the Company may (but is not obligated to) review and remove or block any Abusive Content of any kind.
“Abusive Content”, for these Terms, refers to any content, that: (i) is defamatory; (ii) contains nudity or sexually explicit content; (iii) disparages any ethnic, racial, sexual, or religious group by stereotypical portrayal or otherwise; (iv) makes use of offensive language or images or which violates the rights of, harms, or threatens the safety of third parties or other users of the Service.
2.4. If a User uses the Services for any purpose contrary to any applicable law and/or these Terms, then without derogating from any other remedy the Company may be entitled to remove the User’s Account from the Services, and the User will not have any claim and/or suit against the Company due to any damages that may thus arise. For the avoidance of doubt, revoking a User’s access to the Services shall not exempt the User from any of his liabilities towards the Company or towards any third party resulting from the User’s use of the Services.
3.1 The Services are not intended for users under the age of 18, and packupyourbags does not knowingly collect personal information from or about individuals under the age of 18. Users are expressly prohibited from submitting personally identifiable information about individuals under 18 to us; any such information submitted by users will not knowingly be used, posted, or retained by us.
4.1 Using the Services. Certain services and features of the Services may be provided to you free of charge, while others require payment before you can use or access them, according to the prices published on the Website. We have the discretion to change the price of the offered services and features from time to time, and the published price on our Website at the time of the specific purchase will apply.
4.2 Payment Policy. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You confirm that you are permitted to use the payment method you chose and you authorize us and our designated payment processor to charge the full amount due for the applicable Services to the payment method you designate for the purchase. You will pay any applicable taxes relating to any such purchases, transactions, or other monetary transaction interactions. Subject to Section 4.3 all purchases are final and no refunds or credits will be provided.
5. THIRD PARTIES SERVICES
5.3 Certain services and features we provide through our Services contain our recommendations for planning your vacation. These recommendations reflect our opinion and are based on our sole discretion according to the preferences you provide us. Our recommendations may be changed from time to time. Any actions taken based on our recommendations are of your own free will and at your own risk. Accordingly, we recommend that each User conducts any required examinations before purchasing Supplier’s Services.
5.4 Notwithstanding the foregoing, you acknowledge that the exclusive liability for examining the qualifications, price, and other characteristics of the Supplier’s Services, lies exclusively upon the User. The Company will not bear any liability or responsibility for any damages which may be caused to any User as a result of any discrepancy related to the Supplier’s Services.
6. TRAVEL DESTINATIONS
6.1 When you book international travel reservations with Suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
6.2 For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. packupyourbags accepts no liability for travelers who are refused entry onto a flight or into any country because the traveler fails to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
6.3 It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
6.4 BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, packupyourbags DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The: (i) content on the Services, including without limitation, the text, descriptions, software, applications, source code, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of packupyourbags and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “packupyourbags”, the packupyourbags logo, and other marks are Marks of Experience or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Application and the Materials. “Intellectual Property Rights” means any rights, titles, and interests, whether foreign or domestic, in and to all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
7.2 To the extent you provide us any feedback, comments, or suggestions (“Feedback”), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
7.3 Materials on the Services are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein.
8.1 The Services may contain links and may enable you to post content, to third-party websites, including Suppliers, that are not owned or controlled by the Company. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You:
(i) are solely responsible and liable for your use of and linking to third-party websites and any content that you may send or post to a third-party website, and
8.2 packupyourbags permits you to link to the Website provided that:
(i) you link to but do not replicate any page on this Website;
(ii) the hyperlink text shall accurately describe the Content as it appears on the Website;
(iii) you shall not misrepresent your relationship with packupyourbags or present any false information about packupyourbags and shall not imply in any way that we are endorsing any services or products unless we have given you our express prior consent;
(iv) you shall not link from a website (“Third Party Website”) that prohibits linking to third parties;
(v) such Third-party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
10. APP STORES ADDITIONAL TERMS
10.1. You acknowledge that these Terms are between you and Company and not with Apple Inc. (“Apple”) or Google Inc. (“Google”). The Google Play Store or the Apple App Store have their terms and conditions which you must agree to abide by before downloading Company Services from them.
10.2. You agree to comply with, and your license to use Company Services is conditioned upon your compliance with, all applicable terms and conditions of the Google Play Store or the Apple App Store.
10.3. Please note that the following terms apply in addition to all other provisions in this Agreement if you downloaded Company Services to your mobile device from the Apple App Store or Google Play Store.
10.4. You acknowledge and agree that:
a. Apple has no obligation to furnish any maintenance and support services concerning Company Services or handle any warranty claims.
b. Apple is not responsible for addressing any claims you have relating to Company Services, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that Company Services fails to conform to any applicable legal or regulatory requirement.
c. Apple and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
d. In the event of any failure of the Company Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Company Services to you (if applicable) and to the maximum extent permitted by applicable law, and Apple will have no other warranty obligation whatsoever concerning the Company Services.
e. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company, under the provisions of this Agreement.
f. Apple shall not be responsible nor shall you refer to Apple any claim of any third party that the Company Services or your possession and use of the Company Services infringe that third party’s intellectual property rights.
11. WARRANTY DISCLAIMERS
11.1 This section applies whether or not the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
11.2 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PACKUPYOURBAGS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PACKUPYOURBAGS DOES NOT GUARANTEE THAT THE SERVICES AND THE SUPPLIER’S SERVICES WILL BE FREE OF BUGS, MALFUNCTIONS, SECURITY BREACHES, VIRUS ATTACKS, OR ILLEGAL PENETRATIONS. THE SERVICES AND/OR THE SUPPLIER’S SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT PACKUPYOURBAGS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY. PACKUPYOURBAGS DOES NOT WARRANT THAT THE INFORMATION PROVIDED ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. PACKUPYOURBAGS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICES AT ANY TIME. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
11.3 THE SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PACKUPYOURBAGS . PACKUPYOURBAGS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PACKUPYOURBAGS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
11.4 IN NO EVENT SHALL PLANYOURTRIP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON RECOMMENDATIONS APPEARING ON THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF PACKUPYOURBAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY
10.1. IN NO EVENT SHALL THE COMPANY, ANY OF ITS AFFILIATES, OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, FOR:
(A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
(B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
(C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
(D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
10.2. THE COMBINED AGGREGATE LIABILITY OF THE COMPANY AND ALL THE COMPANY’s AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) TWENTY U.S. DOLLARS (US $20), AND (B) THE AMOUNTS PAID BY YOU (IF ANY) TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO LIABILITY.
10.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You agree to defend, indemnify and hold harmless Company and our affiliates, and our respective officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of, or inability to use, the Services;
(ii) interaction with any other User or Supplier; or
(iii) your violation of these Terms.
If you make use of the Services in a manner contrary to any applicable laws and/or these Terms, then Company may, in addition to any other right or remedy that it may have available to it at law or in equity, terminate these Terms and/or your access to the Services, and you will not be entitled to any claim to or restitution of the funds that you may have paid in regards to the use of the Services.
15. TERM AND TERMINATION
15.1 These Terms are effective until terminated by the Company or you.
15.2 Without derogating from the foregoing, the Company, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).
15.3 The Company shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue the use of the Services.
15.4 Upon termination of these Terms, you shall cease all use of the Services.
16. INDEPENDENT CONTRACTORS
You and PACKUPYOURBAGS are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PACKUPYOURBAGS . You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of PACKUPYOURBAGS .
The Company is entitled to change from time to time according to its absolute discretion and without needing to inform the User of the Services and its contents, including inter alia its design and the services that are provided in it, and it is also entitled to edit its Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction or notification to you. Any prohibited assignment shall be null and void.
If any part of these Terms is deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
20. GOVERNING LAW
These Terms shall constitute the entire agreement between you and the Company concerning the Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that PACKUPYOURBAGS may send you notices by email, via your account, by regular mail, and/or via postings on or through Service. Except as stated otherwise in these Terms or required by Law applicable to you, you agree to send all notices to PACKUPYOURBAGS to: email@example.com