Welcome to a unique online platform “TripzChat”, (hereinafter referred to as “we”, “us” or “TripzChat”) These Terms & Condition does not require any physical, electronic or digital signature. These Terms & Condition is a legally binding document between owner & user.
For any dispute the agreement requires the use of arbitration on an individual basis instead of any jury or trail or any class action. It also tries to limit the scope of remedies available to you if there is any dispute.
This Terms of use and agreement sets forth the legally binding terms for you to use the app and including any related services provided by the app TripzChat. By using this app, you agree and accept this agreement and you represent and warrant that you have the right, authority and capacity to enter into this agreement. If you do not wish to agree to these conditions, then you have the right to not use the app and its related services. This is a complete and final agreement between you and TripzChat in regards to the subject matter (the app and related services) and merges and supersedes all agreement between the parties with respect to prior End User License Agreements, Terms of Service or Privacy Policy.
As per the agreement TripzChat grants you the non-transferable and non-exclusive license to us the app for your personal use and copy for the purpose of downloading, installing and executing the app for which you are authorized by the download site of the App on a mobile device that you own and control the use of.
The rights that TripzChat granted to you in this Agreement are subject to the following restrictions:
You are not permitted to access any App in order to build a similar or competitive service or application;
TripzChat does not allow you to modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are
expressly prohibited by applicable law;
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit
any App in future;
Except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, or you shall not remove or destroy any
copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other
addition to functionality of any App shall be subject to the terms of this Agreement, unless otherwise provided in
terms associated with such addition. All copyright and other proprietary notices on any App content must be
retained on any copies.
TripzChat reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that TripzChat will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
Apps provided to Users are licensed to users and not sold. TripzChat (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps. This Agreement is not a sale and does not convey to User any rights of ownership in or related to any App. The TripzChat name, logo, and the product names associated with the Apps belong TripzChat (or its licensors, where applicable), and no right or license is granted to use them. TripzChat (and its licensors, where applicable) reserve all rights not granted in this Agreement.
When a User start or stop an App, it may display an ad (banner and/or interstitial or rewarded ads) may be displayed.
Users are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
"User Content" means all content a user uploads, distributes, or otherwise provides via any App. User is solely responsible for User Content. User assumes all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of User Content that makes any third party personally identifiable. Users hereby represent and warrant that User Content does not violate the Acceptable User Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by TripzChat. TripzChat is not obligated to backup any User Content and User Content may be deleted at any time. If a User wish they can, solely responsible for creating backup copies of their User Content if they desire.
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to TripzChat an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any App.
If you provide TripzChat any feedback or suggestions (as "Feedback"), you hereby assign to TripzChat all rights in the Feedback and agree that TripzChat shall have the right to use such Feedback and related information in any manner it deems appropriate. Any Feedback you provide to TripzChat will be treated as non-confidential and non-proprietary. You also agree that you will not submit to TripzChat any information or ideas that you consider to be confidential or proprietary.
The following highlights TripzChat's "Acceptable Use Policy":
You agree not to use any App to upload, distribute, or otherwise use any User Content (a) which violates any
third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right; (b) which is tortuous, trade libelous,
defamatory, false, or intentionally misleading, (c) which is harassing, abusive, threatening, harmful, vulgar,
obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes
violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual,
or is otherwise objectionable, (d) which is harmful to minors in any way; (e) which constitutes unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) which violates of any law,
regulation, or contractual obligations.
User agrees not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any
software intended to damage or alter a computer system or data; (b) collect information or data regarding other
users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or
scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps
(e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or
networks connected to Apps (e.g., through password mining); or (e) interfere with another user's use and enjoyment
of any App.
TripzChat reserves the right to review any User Content in our sole discretion. TripzChat may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
This Agreement commences on the date you accept this Agreement and will remain in full force and effect while you
use the App, unless earlier terminated in accordance with this Agreement.
If you used any App prior to the date you accepted this Agreement, you hereby acknowledge and agree that this
Agreement commences on the date you first use any App (whichever is earlier and which may be prior to the
Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated
in accordance with this Agreement.
TripzChat may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement,
at any time for any reason at our sole discretion with or without notice to you, including if we in good faith
believe you have violated the Acceptable Use Policy or any other provision of this Agreement. TripzChat reserves
the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon
prompt notification to TripzChat by the copyright owner or the copyright owner's legal agent.
Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You
understand that any termination may involve deletion of your User Content associated therewith from our live
databases. TripzChat will not have any liability whatsoever to you for any termination of this Agreement,
including deletion of your User Content. Even after this Agreement is terminated, the provisions of this Agreement
will remain in effect.
Users agree to defend, indemnify and hold harmless TripzChat (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. TripzChat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TripzChat and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TripzChat. TripzChat will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone or Android stores ("Application Store"). You acknowledge that this Agreement is between User and TripzChat and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating to product liability, legal compliance, or intellectual property infringement. You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store's terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
TripzChat may permit certain third party applications (like, ad networks) to provide content through the App. The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, TripzChat will share information with the Third Party Service as described in the TripzChat Privacy Policy. TripzChat is not responsible for and does not control Third Party Services. TripzChat provides these Third Party Services only as a convenience to you as User. TripzChat has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. User will use all Third Party Services at their own risk. When you access a Third Party Service, the applicable third party's terms and policies apply, including the third party's privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services.
An App may contain User Content provided by other users of the App. TripzChat is not responsible for and does not control User Content. TripzChat has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. User will use all Content and interact with other users at their own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that TripzChat will not be responsible for any liability incurred as the result of any such interactions.
Apps are provided "as-is" and as available and TripzChat (and its suppliers) expressly disclaim any warranties and conditions of any kind, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. TripzChat (and its suppliers) make no warranty that any app: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.
In no event shall TripzChat (or its suppliers) be liable to User or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or TripzChat 's privacy practices, any app, even if TripzChat has been advised of the possibility of such damages. Access to, and use of, any app(s) are at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data resulting therefrom. TripzChat's liability to you for any damages arising from or related to this agreement or TripzChat's privacy practices (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount you've paid TripzChat in the prior 12 months (if any). In no event shall TripzChat's suppliers have any liability arising out of or in any way connected to this agreement.
User agrees to pay all fees and applicable taxes incurred by the user through the App if any. TripzChat may revise the pricing for the services offered to you through the App at any time. You acknowledge that TripzChat is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused services offered to you through the App when you close your account or when you cease to use the app.
This Agreement is completely subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. These changes will be effective immediately for new and existing users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
Any provision of this agreement for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
This Agreement is the final, complete and exclusive agreement of User and TripzChat with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to TripzChat is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without TripzChat's prior written consent, and any attempted assignment in violation of the foregoing will be null and void. TripzChat may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store.
TripzChat and User acknowledge that this Agreement is concluded between TripzChat and User only, and not with Apple, and TripzChat, not Apple, is solely responsible for App and the content thereof.
The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
TripzChat is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. TripzChat and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
TripzChat is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TripzChat 's sole responsibility.
TripzChat and User acknowledge that TripzChat, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit TripzChat's liability to you beyond what is permitted by applicable law.
TripzChat and User acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party's intellectual property rights, TripzChat, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You must comply with applicable third party terms of agreement when using App.
TripzChat and User acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions 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.
TripzChat may change this Terms of Use/Service from time to time. All changes hereto will be made available on this website, which is why TripzChat encourages Users to frequently check this page for any changes to this Terms of Use/Service. Changes hereto will not prejudice Users' rights without their consent.
If you have any questions about this Terms of Use/Service, please contact us.