TERMS & CONDITIONS

1. INTRODUCTION

Welcome to TRIPSIA!

These Terms & Conditions (“Terms”, “Terms of Service”) govern your use of Tripsia’s platform, explains how Tripsia collects, safeguards and discloses information that results from your use of Tripsia’s services. Tripsia is a product of Nano Soft Plus, a limited liability company (“Company”), a marketplace, a web platform where hotel owners, guest houses owners, private property owners, rentals business owners, hospitality business owners can list their properties and services for online reservations/bookings. 

Your agreement with the Company includes these Terms of Service, Privacy Policy and Service Agreement (“Agreements”). You acknowledge that you have read and understood Agreement/s, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@tripsia.com so we can try to find a solution. 

2. PURCHASES AND CHARGES

1. If you wish to acquire Tripsia’s services, you may be asked to supply certain relevant information including but not limited to, your business name, details of your property and/or services, email address, phone numbers, Logo etc. 

2. Tripsia reserves the right to refuse or cancel service at any time. 

3. Tripsia renders services free of charge, however, it is possible that in the future Tripsia may decide to charge for services.

4. Any continued use of Service after charge of fee shall be construed as your acceptance of charge of fee.

5. Tripsia reserves the right to charge a commission, with prior understanding, in writing - being a small percentage of the product price (e.g. room price, insurances, rentals, transportation) from reservations after the booking is complete. 

6. You shall ensure that the prices given to the Company are not more than the rates published by you on all retail distribution channels, including but not restricted to the business website, onsite business reservation desk, online booking engines, etc.

7. If you do not have rooms or services available, you shall inform the Company and provide up to date details of the inventory.

8. After you enter into an agreement with Tripsia, by agreeing to these Terms and Conditions and by signing a Service Agreement, you shall be allocated an account with Tripsia, which will allow you to enlist your properties and services.

3. MODIFYING/TERMINATING SERVICES:

1. Tripsia reserves the right to modify, update or discontinue Services, or any features or portions thereof, without prior notice. 

2. You agree that Tripsia can suspend or terminate your right to access our Services at any time for any reason without any obligation or liability.

4. CONTENT

1. Tripsia’s Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for Content that you post on or through Service, including but not limited to its legality, reliability, and appropriateness.

2. By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant Tripsia the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Tripsia reserves the right to terminate the account if any infringement of a copyright is noted.

3. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. Tripsia takes no responsibility and assumes no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant Tripsia the right and license to use, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for Tripsia to make your Content available to other users of Service, who may also use your Content subject to these Terms.

4. Tripsia has the right but not the obligation to monitor and edit all Content provided by you.

5. In addition, Content already found on or through this Service are the property of Tripsia or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Tripsia.

5. PROHIBITED USES

1. You may use Service only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use Service:

1. In any way that violates any applicable national or international law or regulation.

2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

3. To impersonate or attempt to impersonate Tripsia, Tripsia’s employee, another user, or any other person or entity.

4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, harmful, discriminative, against public interest and policy or in connection with any unlawful, illegal, fraudulent, harmful, discriminative, against public interest and policy, purpose or activity.

5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by Tripsia, may harm or offend Tripsia or users of Service or expose them to liability.

6. Take any action that may damage or falsify Tripsia’s rating.

7. Otherwise attempt to interfere with the proper working of Service.

6. ANALYTICS

1. Tripsia may use third-party Service Providers to monitor and analyze the use of Tripsia’s Service.

7. ACCOUNTS

1. When you are allocated an account with Tripsia, you guarantee that you are above the age of 18, and that the information you provide to Tripsia is accurate, complete and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or Service.

2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with Tripsia or a third-party service. You must notify Tripsia immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

4. Tripsia reserves the right to refuse service, terminate account, remove or edit content, or cancel orders in its sole discretion.

8. PAYMENT ON ARRIVAL VS ONLINE PAYMENT

1. Tripsia does not recommend you to enable payment on arrival, as under such conditions Tripsia would not be able guarantee application of your cancellation policy, while holding no deposit from the guest on your behalf, unlike with any of our other Payment Methods.

2. If you opt for any of our Payment Methods, such as Easy Paisa / Jazz Cash / Bank Transfer / Online Transfer/ Credit Card/ Debit Card/ Cash Cheque, etc., Tripsia will guarantee application of your cancellation policy and no show policy.

9. CANCELLATION POLICY

1. You may opt for your preferable cancellation and prepayment policies, which will be notified to the Guests on your property and/or service listings.  

10. INTELLECTUAL PROPERTY

1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tripsia. 

2. Service is protected by copyright, trademark, and other applicable laws. Tripsia’s trademarks may not be used in connection with any product or service without the prior written consent of Tripsia.

11. COPYRIGHT POLICY

1. Tripsia respects intellectual property rights of others. It is Company’s policy to respond to valid infringement claims regarding content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@tripsia.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

3. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or frivolous claims on the infringement of any Content found on and/or through Service on your copyright.

12. CONFIDENTIALITY

1. Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software, technical/ financial/ marketing/ Guest/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party.

2. Confidential Information shall however, exclude any information which: 

1. is/ was publicly known or comes into public domain; 

2. is received by the Receiving Party from a third party, without breach of this Agreement; 

3. was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; 

4. independently developed by the Receiving Party without use of Confidential Information; 

5. is required to be disclosed by the Receiving Party pursuant to any order or requirement from court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party, or otherwise agreed in writing.

13. ERROR REPORTING AND FEEDBACK

1. You may provide Tripsia either directly at support@tripsia.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Service (“Feedback”). 

2. You acknowledge and agree that:

1. You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

2.  Tripsia may have development ideas similar to the Feedback; 

3.  Feedback does not contain confidential information or proprietary information from you or any third party; 

4.  Tripsia is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Tripsia and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

14. LINKS TO OTHER WEBSITES

1. Tripsia’s Service may contain links to third party web sites or services that are not owned or controlled by Tripsia.

2. Tripsia has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Tripsia do not warrant the offerings of any of these entities/individuals or their websites.

3. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

4. COMPANY STRONGLY ADVISES YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

15. DISCLAIMER OF WARRANTY

1. THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN OR PROVIDED BY THE GUESTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM TRIPSIA IS AT YOUR SOLE RISK.

2. NEITHER COMPANY, TRIPSIA NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

3. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. LIMITATION OF LIABILITY

1. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD COMPANY, TRIPSIA AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT/TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT/TERMS AND CONDITIONS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. 

2. TO THE FULL EXTENT PERMITTED BY LAW, TRIPSIA EXCLUDES ALL LIABILITY IN RESPECT OF LOSS OF DATA, INTERRUPTION OF BUSINESS OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.

3. TO THE FULL EXTENT PERMITTED BY LAW, TRIPSIA EXCLUDES ALL REPRESENTATIONS, WARRANTIES OR TERMS (WHETHER EXPRESS OR IMPLIED) OTHER THAN THOSE EXPRESSLY SET OUT IN THIS AGREEMENT.

4. COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THIS AGREEMENT IS LIMITED TO THE COMMISSION/FEES PAYABLE UNDER THIS AGREEMENT/TERMS AND CONDITIONS.

17. TERMINATION

1. Company may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

2. If you wish to terminate your account, upon written notice you may simply discontinue using Service.

3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, non-disclosure provisions, warranty disclaimers, indemnity, limitations of liability and commission provisions.

18. GOVERNING LAW

1. These Terms shall be governed and construed in accordance with the laws of Pakistan.

2. Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. 

19. CHANGES TO SERVICE

1. Tripsia reserves the right to withdraw or amend Service, and any service or material Tripsia provides via Service, in its sole discretion without notice.

2. Tripsia will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, Tripsia may restrict access to some parts of Service, or the entire Service, to users.

20. AMENDMENTS TO TERMS

1. Tripsia may amend Terms at any time by notifying and posting the amended terms on Platform. It is your responsibility to review these Terms periodically.

2. Your continued use of the Platform/Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may terminate service, as per the Term provided herein.

21. FORCE MAJEURE

1. Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, act of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.

22. ACKNOWLEDGEMENT

BY USING SERVICE OR OTHER SERVICES PROVIDED BY COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

23. CONTACT US

Please send your feedback, comments and requests for technical support by email: support@tripsia.com