Welcome to @trip
1. Your relationship with
Mobile Action
1.1 Your use of Mobile Action’s
products, software, services and web sites (referred to collectively as the
“Services” in this document and excluding any services provided to you by
Mobile Action under a separate written agreement) is subject to the terms of a
legal agreement between you and Mobile Action. “ Mobile Action” means Mobile
Action Technology Inc. This document explains how the agreement is made up, and
sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in
writing with Mobile Action, your agreement with Mobile Action will always
include, at a minimum, the terms and conditions set out in this document. These
are referred to below as the “Universal Terms”.
1.3 Your agreement with Mobile
Action will also include the terms of any Legal Notices applicable to the
Services, in addition to the Universal Terms. All of these are referred to
below as the “Additional Terms”. Where Additional Terms apply to a Service,
these will be accessible for you to read either within, or through your use of,
that Service.
1.4 The Universal Terms,
together with the Additional Terms, form a legally binding agreement between
you and Mobile Action in relation to your use of the Services. It is important
that you take the time to read them carefully. Collectively, this legal
agreement is referred to below as the “Terms”.
1.5 If there is any
contradiction between what the Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take precedence in relation to that
Service.
2. Accepting the Terms
2.1 In order to use the
Services, you must firstly agree to the Terms. You may not use the Services if
you do not accept the Terms.
2.2 You can accept the Terms
by:
(A) Clicking to accept or agree
to the Terms, where this option is made available to you by Mobile Action in
the user interface for any Service; or
(B) By actually using the
Services. In this case, you understand and agree that Mobile Action will treat
your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the
Services and may not accept the Terms if (a) you are not of legal age to form a
binding contract with Mobile Action, or (b) you are a person barred from
receiving the Services under the laws of the United States or other countries
including the country in which you are resident or from which you use the
Services.
2.4 Before you continue, you
should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Mobile Action has
provided you with a translation of the English language version of the Terms,
then you agree that the translation is provided for your convenience only and
that the English language versions of the Terms will govern your relationship
with Mobile Action.
3.2 If there is any
contradiction between what the English language version of the Terms says and
what a translation says, then the English language version shall take
precedence.
4. Provision of the Services
by Mobile Action
4.1 Mobile Action has
subsidiaries and affiliated legal entities around the world (“Subsidiaries and
Affiliates”). Sometimes, these companies will be providing the Services to you
on behalf of Mobile Action itself. You acknowledge and agree that Subsidiaries
and Affiliates will be entitled to provide the Services to you.
4.2 Mobile Action is constantly
innovating in order to provide the best possible experience for its users. You
acknowledge and agree that the form and nature of the Services, which Mobile
Action provides, may change from time to time without prior notice to you.
4.3 As part of this continuing
innovation, you acknowledge and agree that Mobile Action may stop (permanently
or temporarily) providing the Services (or any features within the Services) to
you or to users generally at Mobile Action’s sole discretion, without prior
notice to you. You may stop using the Services at any time. You do not need to
specifically inform Mobile Action when you stop using the Services.
4.4 You acknowledge and agree
that if Mobile Action disables access to your account, you may be prevented
from accessing the Services, your account details or any files or other content
which is contained in your account.
4.5 You acknowledge and agree
that while Mobile Action may not currently have set a fixed upper limit on the
number of transmissions you may send or receive through the Services or on the
amount of storage space used for the provision of any Service, such fixed upper
limits may be set by Mobile Action at any time, at Mobile Action’s discretion.
5. Use of the Services by
you
5.1 In order to access certain
Services, you may be required to provide information about yourself (such as
identification or contact details) as part of the registration process for the
Service, or as part of your continued use of the Services. You agree that any
registration information you give to Mobile Action will always be accurate,
correct and up to date.
5.2 You agree to use the
Services only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions (including any laws regarding the export of data or
software to and from the United States or other relevant countries).
5.3 You agree not to access (or
attempt to access) any of the Services by any means other than through the
interface that is provided by Mobile Action, unless you have been specifically
allowed to do so in a separate agreement with Mobile Action.
5.4 You agree that you will not
engage in any activity that interferes with or disrupts the Services (or the
servers and networks which are connected to the Services).
5.5 Unless you have been
specifically permitted to do so in a separate agreement with Mobile Action, you
agree that you will not reproduce, duplicate, copy, sell, trade or resell the
Services for any purpose.
5.6 You agree that you are
solely responsible for (and that Mobile Action has no responsibility to you or
to any third party for) any breach of your obligations under the Terms and for
the consequences (including any loss or damage which Mobile Action may suffer)
of any such breach.
6. Your passwords and
account security
6.1 You agree and understand
that you are responsible for maintaining the confidentiality of passwords
associated with any account you use to access the Services.
6.2 Accordingly, you agree that
you will be solely responsible to Mobile Action for all activities that occur
under your account.
7. Privacy and your personal
information
7.1 For information about
Mobile Action’s data protection practices, please read Mobile Action’s privacy
policy.
7.2 You agree to the use of
your data in accordance with Mobile Action’s privacy policies.
8. Content in the Services
8.1 You understand that all
information (such as data files, written text, computer software, music, audio
files or other sounds, photographs, videos or other images) which you may have
access to as part of, or through your use of, the Services are the sole responsibility
of the person from which such content originated. All such information is
referred to below as the “Content”.
8.2 You should be aware that
Content presented to you as part of the Services, including but not limited to
advertisements in the Services and sponsored Content within the Services may be
protected by intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to Mobile Action (or by other persons or
companies on their behalf). You may not modify, rent, lease, loan, sell,
distribute or create derivative works based on this Content (either in whole or
in part) unless you have been specifically told that you may do so by Mobile
Action or by the owners of that Content, in a separate agreement.
8.3 Mobile Action reserves the
right (but shall have no obligation) to pre-screen, review, flag, filter,
modify, refuse or remove any or all Content from any Service. For some of the
Services, Mobile Action may provide tools to filter out explicit sexual content.
In addition, there are commercially available services and software to limit
access to material that you may find objectionable.
8.4 You understand that by
using the Services you may be exposed to Content that you may find offensive,
indecent or objectionable and that, in this respect, you use the Services at
your own risk.
8.5 You agree that you are
solely responsible for (and that Mobile Action has no responsibility to you or
to any third party for) any Content that you create, transmit or display while using
the Services and for the consequences of your actions (including any loss or
damage which Mobile Action may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree
that Mobile Action (or Mobile Action’s licensors) own all legal right, title
and interest in and to the Services, including any intellectual property rights
which subsist in the Services (whether those rights happen to be registered or
not, and wherever in the world those rights may exist). You further acknowledge
that the Services may contain information which is designated confidential by
Mobile Action and that you shall not disclose such information without Mobile
Action’s prior written consent.
9.2 Unless you have agreed
otherwise in writing with Mobile Action, nothing in the Terms gives you a right
to use any of Mobile Action’s trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features.
9.3 If you have been given an
explicit right to use any of these brand features in a separate written
agreement with Mobile Action, then you agree that your use of such features
shall be in compliance with that agreement, any applicable provisions of the
Terms, and Mobile Action's brand feature use guidelines as updated from time to
time.
9.4 Other than the limited
license set forth in Section 11, Mobile Action acknowledges and agrees that it
obtains no right, title or interest from you (or your licensors) under these
Terms in or to any Content that you submit, post, transmit or display on, or
through, the Services, including any intellectual property rights which subsist
in that Content (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). Unless you have agreed otherwise
in writing with Mobile Action, you agree that you are responsible for
protecting and enforcing those rights and that Mobile Action has no obligation
to do so on your behalf.
9.5 You agree that you shall
not remove, obscure, or alter any proprietary rights notices (including
copyright and trade mark notices) which may be affixed to or contained within
the Services.
9.6 Unless you have been
expressly authorized to do so in writing by Mobile Action, you agree that in
using the Services, you will not use any trade mark, service mark, trade name,
logo of any company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of such marks, names or
logos.
10. Licence from Mobile
Action
10.1 Mobile Action gives you a
personal, worldwide, royalty-free, non-assignable and non-exclusive license to
use the software provided to you by Mobile Action as part of the Services as
provided to you by Mobile Action (referred to as the “Software” below). This
license is for the sole purpose of enabling you to use and enjoy the benefit of
the Services as provided by Mobile Action, in the manner permitted by the
Terms.
10.2 You may not (and you may
not permit anyone else to) copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract the source code of the
Software or any part thereof, unless this is expressly permitted or required by
law, or unless you have been specifically told that you may do so by Mobile
Action, in writing.
10.3 Unless Mobile Action has
given you specific written permission to do so, you may not assign (or grant a
sub-license of) your rights to use the Software, grant a security interest in
or over your rights to use the Software, or otherwise transfer any part of your
rights to use the Software.
11. Content license from you
11.1 You retain copyright and
any other rights you already hold in Content which you submit, post or display
on or through, the Services. By submitting, posting or displaying the content
you give Mobile Action a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit, post or
display on or through, the Services. This license is for the sole purpose of
enabling Mobile Action to display, distribute and promote the Services and may
be revoked for certain Services as defined in the Additional Terms of those
Services.
11.2 You agree that this
license includes a right for Mobile Action to make such Content available to
other companies, organizations or individuals with whom Mobile Action has
relationships for the provision of syndicated services, and to use such Content
in connection with the provision of those services.
11.3 You understand that Mobile
Action, in performing the required technical steps to provide the Services to
our users, may (a) transmit or distribute your Content over various public
networks and in various media; and (b) make such changes to your Content as are
necessary to conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this license
shall permit Mobile Action to take these actions.
11.4 You confirm and warrant to
Mobile Action that you have all the rights, power and authority necessary to
grant the above license.
12. Software updates
12.1 The Software, which you
use, may automatically download and install updates from time to time from
Mobile Action. These updates are designed to improve, enhance and further
develop the Services and may take the form of bug fixes, enhanced functions,
new software modules and completely new versions. You agree to receive such
updates (and permit Mobile Action to deliver these to you) as part of your use
of the Services.
13. Ending your relationship
with Mobile Action
13.1 The Terms will continue to
apply until terminated by either you or Mobile Action as set out below.
13.2 If you want to terminate
your legal agreement with Mobile Action, you may do so by (a) notifying Mobile
Action at any time and (b) closing your accounts for all of the Services which
you use, where Mobile Action has made this option available to you. Your notice
should be sent, in writing to Mobile Action’s address.
13.3 Mobile Action may at any
time, terminate its legal agreement with you if:
(A) You have breached any
provision of the Terms (or have acted in manner which clearly shows that you do
not intend to, or are unable to comply with the provisions of the Terms); or
(B) Mobile Action is required
to do so by law (for example, where the provision of the Services to you is, or
becomes, unlawful); or
(C) The partner with whom
Mobile Action offered the Services to you has terminated its relationship with
Mobile Action or ceased to offer the Services to you; or
(D) Mobile Action is
transitioning to no longer providing the Services to users in the country in
which you are resident or from which you use the service; or
(E) The provision of the
Services to you by Mobile Action is, in Mobile Action’s opinion, no longer
commercially viable.
13.4 Nothing in this Section
shall affect Mobile Action’s rights regarding provision of Services under
Section 4 of the Terms.
13.5 When these Terms come to
an end, all of the legal rights, obligations and liabilities that you and
Mobile Action have benefited from, been subject to (or which have accrued over
time whilst the Terms have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of
paragraph 20.7 shall continue to apply to such rights, obligations and
liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided
"as is" and Mobile Action, its Subsidiaries and Affiliates, and its
licensors give you no warranty with respect to them.
14.2 In particular, Mobile
Action, its Subsidiaries and Affiliates, and licensors do not represent or
warrant to you that:
(A) Your use of the Services
will meet your requirements,
(B) Your use of the Services
will be uninterrupted, timely, secure or free from error,
(C) Any information obtained by
you as a result of your use of the Services will be accurate or reliable, and
(D) That defects in the
operation or functionality of any Software provided to you as part of the
Services will be corrected.
14.3 No conditions, warranties
or other terms (including any implied terms as to satisfactory quality, fitness
for purpose or conformance with description) apply to the Services except to
the extent that they are expressly set out in the Terms.
14.4 Nothing in the Terms shall
affect those statutory rights which you are always entitled to as a consumer
and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1 Nothing in these Terms
shall exclude or limit Mobile Action’s liability for losses, which may not be
lawfully excluded or limited by applicable law.
15.2 Subject to overall
provision in paragraph 15.1 above, Mobile Action, its Subsidiaries and
Affiliates, and its licensors shall not be liable to you for:
(A) Any indirect or consequential
losses, which may be incurred by you. This shall include any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation, or any loss of data suffered by you;
(B) any loss or damage which
may be incurred by you as a result of:
(i) any reliance placed by you
on the completeness, accuracy or existence of any advertising, or as a result
of any relationship or transaction between you and any advertiser or sponsor
whose advertising appears on the Services;
(ii) Any changes which Mobile Action may make to the Services,
or for any permanent or temporary cessation in the provision of the Services
(or any features within the Services);
(iii) The deletion of,
corruption of, or failure to store, any Content and other communications data
maintained or transmitted by or through your use of the Services;
(iii) Your failure to provide
Mobile Action with accurate account information;
(iv) Your failure to keep your
password or account details secure and confidential;
15.3 The limitations on Mobile
Action’s liability to you in paragraph 15.2 above shall apply whether or not
Mobile Action has been advised of or should have been aware of the possibility
of any such losses arising.
16. Copyright and trade mark
policies
16.1 It is Mobile Action’s
policy to respond to notices of alleged copyright infringement that complies
with applicable international intellectual property law (including, in the
United States, the Digital Millennium Copyright Act) and to terminating the
accounts of repeat infringers.
17. Advertisements
17.1 Some of the Services are
supported by advertising revenue and may display advertisements and promotions.
These advertisements may be targeted to the content of information stored on
the Services, queries made through the Services or other information.
17.2 The manner, mode and
extent of advertising by Mobile Action on the Services are subject to change
without specific notice to you.
17.3 In consideration for
Mobile Action granting you access to and use of the Services, you agree that
Mobile Action may place such advertising on the Services.
18. Other content
18.1 The Services may include
hyperlinks to other web sites or content or resources. Mobile Action may have no control over
any web sites or resources which are provided by companies or persons other
than Mobile Action.
18.2 You acknowledge and agree
that Mobile Action is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products or other materials
on or available from such web sites or resources.
18.3 You acknowledge and agree
that Mobile Action is not liable for any loss or damage which may be incurred
by you as a result of the availability of those external sites or resources, or
as a result of any reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials on, or available
from, such web sites or resources.
19. Changes to the Terms
19.1 Mobile Action may make
changes to the Universal Terms or Additional Terms from time to time. When
these changes are made, any new Additional Terms will be made available to you
from within, or through, the affected Services.
19.2 You understand and agree
that if you use the Services after the date on which the Universal Terms or
Additional Terms have changed, Mobile Action will treat your use as acceptance
of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the
Services, you may (as a result of, or through your use of the Services) use a
service or download a piece of software, or purchase goods, which are provided
by another person or company. Your use of these other services, software or
goods may be subject to separate terms between you and the company or person
concerned. If so, the Terms do not affect your legal relationship with these
other companies or individuals.
20.2 The Terms constitute the
whole legal agreement between you and Mobile Action and govern your use of the
Services (but excluding any services which Mobile Action may provide to you under a separate written
agreement), and completely replace any prior agreements between you and Mobile Action in relation to the
Services.
20.3 You agree that Mobile
Action may provide you with notices, including those regarding changes to the
Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Mobile
Action does not exercise or enforce any legal right or remedy which is
contained in the Terms (or which Mobile Action has the benefit of under any
applicable law), this will not be taken to be a formal waiver of Mobile
Action’s rights and that those rights or remedies will still be available to
Mobile Action.
20.5 If any court of law,
having the jurisdiction to decide on this matter, rules that any provision of
these Terms is invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms. The remaining provisions of the Terms
will continue to be valid and enforceable.
20.6 You acknowledge and agree
that each member of the group of companies of which Mobile Action is the parent
shall be third party beneficiaries to the Terms and that such other companies
shall be entitled to directly enforce, and rely upon, any provision of the
Terms which confers a benefit on (or rights in favor of) them. Other than this,
no other person or company shall be third party beneficiaries to the Terms.