1. Your Agreement

• 1.1 This website www.thetripclub.com and/or the TheTripClub App (together, 'TheTripClub Platform') is operated by Magical Memories Private Limited, an Indian incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using the TheTripClub Platform and the services offered by Magical Memories Private Limited, its affiliated companies (together, “TheTripClub”) or the third-party operators (the “Operator”) through the TheTripClub Platform (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the TheTripClub Platform and (2) persons for whom you make a purchase of the Services.

2. Change of Terms of Use

• 2.1 TheTripClub's Modifications
  
  • 2.1.1 TheTripClub reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If TheTripClub changes or modifies this Terms of Use, TheTripClub will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
  • 2.1.2 Your continued use of the TheTripClub Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the TheTripClub Platform and/or the Services. It is your responsibility to regularly check the TheTripClub Platform to ascertain if there are any changes to this Terms of Use and to review such changes.
  • 2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by TheTripClub from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.

3. Access and Use of the Services

• 3.1 Ownership of Content
  
  • 3.1.1 This TheTripClub Platform, the domain name (www.thetripclub.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by TheTripClub in connection therewith are owned and operated by TheTripClub.
• 3.2 Provision and Accessibility of Services
  
  • 3.2.1 Subject to this Terms of Use, TheTripClub may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the TheTripClub Platform. The Services that have been selected by you on the TheTripClub Platform are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the TheTripClub Platform, any Services offered by TheTripClub by itself or on behalf of the Operators on the TheTripClub Platform. TheTripClub may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. TheTripClub may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
  • 3.2.2 TheTripClub does not guarantee that the Services will always be available or uninterrupted. TheTripClub will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
  • 3.2.3 If you link to the TheTripClub Platform, TheTripClub may revoke your rights to so link at any time, at TheTripClub’s sole discretion. TheTripClub reserves the right to require prior written consent before linking to the TheTripClub Platform.

4. TheTripClub Platform and Content

• 4.1 Use of the Content
  
  • 4.1.1 All materials displayed or performed on the TheTripClub Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This TheTripClub Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
  • 4.1.2 If TheTripClub agrees to grant you access to the TheTripClub Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the TheTripClub Platform in accordance with this Terms and Use. TheTripClub may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the TheTripClub Platform.
  • 4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the TheTripClub Platform and the Content accessed through the TheTripClub Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the TheTripClub Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.

• 4.2 TheTripClub’s Liability for the TheTripClub Platform and Content
  
  • 4.2.1 TheTripClub cannot guarantee the identity of any other users with whom you may interact with in the course of using the TheTripClub Platform. TheTripClub cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the TheTripClub Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
  • 4.2.2 Under no circumstances will TheTripClub be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the TheTripClub Platform.

4.3 Sort Order * 4.3.1 We provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services’ popularity, Services’ reviews or other criteria. We continually optimize the TheTripClub Platform to provide you the best experience and may test different default sort order algorithms from time to time.

5. Intellectual Property Rights

• 5.1 Intellectual Property
  
  • 5.1.1 All intellectual property rights subsisting in respect of the TheTripClub Platform belong to TheTripClub or have been licensed to TheTripClub for use on the TheTripClub Platform. This TheTripClub Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the TheTripClub Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the TheTripClub Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from TheTripClub or from the copyright holder identified in such Contents copyright notice.

6. User Submissions

• 6.1 Uploading of Information
  
  • 6.1.1 In the course of accessing the TheTripClub Platform or using the Services, you may provide information which may be used by TheTripClub and/or the Operators in connection with the Services and which may be visible to other users of the TheTripClub Platform. You understand that by posting information or content on the TheTripClub Platform or otherwise providing content, materials or information to TheTripClub and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to TheTripClub and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the TheTripClub Platform and TheTripClub’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize TheTripClub to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the TheTripClub Platform a non-exclusive license to access your User Submissions through the TheTripClub Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the TheTripClub Platform and under this Terms of Use; (d) You acknowledge and agree that TheTripClub retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to TheTripClub does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the TheTripClub Platform is the sole responsibility of you and that TheTripClub will not be liable for any errors or omissions in any content.

7. Users Representations, Warranties and Undertakings

• 7.1 Use of the TheTripClub Platform and the Services
  
  • 7.1.1 You represent, warrant and undertake to TheTripClub that you will not provide any User Submissions or otherwise use the TheTripClub Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without TheTripClub’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of TheTripClub; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
• 7.2 Removal of User Submissions
  
  • 7.2.1 TheTripClub reserves the right to remove any User Submissions from this TheTripClub Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if TheTripClub is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
• 7.3 Responsibility for User Submissions
  
  • 7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the TheTripClub Platform.
  • 7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the TheTripClub Platform. You represent, warrant and undertake to TheTripClub that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize TheTripClub to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the TheTripClub Platform and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or TheTripClub’s use of the User Submissions, or any portion thereof, on or through the TheTripClub Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
  • 7.3.3 You are responsible for all of your activity in connection with using the TheTripClub Platform and/or the Services. You further represent, warrant and undertake to TheTripClub that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the TheTripClub Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the TheTripClub Platform; (c) use the TheTripClub Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the TheTripClub Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the TheTripClub Platform, or any processes that run or are activated while you are not logged on to the TheTripClub Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the TheTripClub Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the TheTripClub Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of TheTripClub Platform.
  • 7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the TheTripClub Platform and/or the Services.

8. Registration and Security

8.1 Opening of the TheTripClub Account

8.1.1 In the course of using the Services, you may be required to open and maintain an account with TheTripClub (“TheTripClub Account”).

• 8.2 Provision of Personal Information
  
  • 8.2.1 As a condition to using some aspects of the Services, you may be required to register with TheTripClub and select a password and user name (“TheTripClub User ID”). If you are accessing the Services through a Third Party Website or service, TheTripClub may require that your TheTripClub User ID be the same as your user name for such Third Party Website or service.
  • 8.2.2 You shall provide TheTripClub with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your TheTripClub Account.
  • 8.2.3 You represent that you shall not: (a) Select or use as a TheTripClub User ID a name of another person with the intent to impersonate that person; or (b) Use as a TheTripClub User ID a name subject to any rights of a person other than you without appropriate authorization.
  • 8.2.4 TheTripClub reserves the right to refuse registration of or to cancel a TheTripClub Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.

9. Reviews - Further correspondence - Rights to User Content

• 9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the TheTripClub platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded TheTripClub credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of TheTripClub credits. TheTripClub further reserves the right to deduct any credits directly from your TheTripClub account without prior notice.
• 9.2. By posting a review, you grant TheTripClub the full, perpetual, free, transferable and irrevocable rights to all submitted user content. TheTripClub reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
• 9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
  
  • 9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
  • 9.3.2. such content is accurate and not misleading; and
  • 9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.

9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.

9.5. You further grant TheTripClub the right to pursue at law any person or entity that violates your or TheTripClub's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.

• 9.6. Content submitted by users will be considered non-confidential and TheTripClub is under no obligation to treat such content as proprietary information. Without limiting the foregoing, TheTripClub reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. TheTripClub is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to TheTripClub. TheTripClub shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.

10. Booking Confirmation, Tickets, Vouchers, Fees and Payment

• 10.1 Booking Confirmation

  • 10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the TheTripClub Platform is solely for reference only. Actual time required for confirmation may vary.

• 10.2 Purchase and Use of the Vouchers

  • 10.2.1 Through the TheTripClub Platform, you may purchase vouchers from TheTripClub for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.

  • 10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.

  • 10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither TheTripClub nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.

• 10.3 Terms of the Vouchers

  • 10.3.1 The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the TheTripClub Platform.
  • 10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.

• 10.4 Cancelation of Vouchers

  • 10.4.1 You may cancel your Voucher by contacting TheTripClub customer service within the cancelation period, as stated at the time of purchase on the TheTripClub Platform. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
  • 10.4.2 The Operator, not TheTripClub, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
  • 10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the TheTripClub Platform at the time prior to purchase.
  • 10.4.4 If an Event which you have purchased a Voucher for is canceled by the Operator, TheTripClub will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.

• 10.5 Required Assistance

  • 10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact TheTripClub at [email protected], and TheTripClub will try to liaise with the Operator for an appropriate remedy.

• 10.6 Additional Charges

  • 10.6.1 TheTripClub reserves the right to require payment of fees or charges for any Services offered by TheTripClub. You shall pay all applicable fees or charges, as described on the TheTripClub Platform in connection with such Services selected by you.

• 10.7 Modifications to Charges

  • 10.7.1 TheTripClub reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the TheTripClub Platform. Your use, or continued use, of the Services offered by TheTripClub following such notification constitutes your acceptance of any new or revised fees or charges.

• 10.8 TheTripClub’s Rights and Obligations

  • 10.8.1 TheTripClub reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at TheTripClub’s sole discretion.
  • 10.8.2 TheTripClub intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
  • 10.8.3 Whilst the Operators are required to provide TheTripClub with accurate and updated prices of the Services on the TheTripClub Platform, TheTripClub cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.

• 10.9 The above terms and conditions & return policies are appliable to all TheTripClub users worldwide.

11. Discounts

• 11.1 TheTripClub Credits
  
  • 11.1.1 TheTripClub Credits are points that are awarded to you and will be accumulated in your TheTripClub Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from TheTripClub’s platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) TheTripClub Credits may be used to offset one Hong Kong Dollar (HK$1.00) of the total check out price. Conversion into any other currencies will be calculated based on the exchange rate TheTripClub uses on the date of your purchase offset.
  • 11.1.2 TheTripClub Credits may be earned through the following means and the amount of TheTripClub Credit received may vary with each purchase and is at the sole discretion of TheTripClub: (a) rebates from previous purchases (b) earning through any means authorized by TheTripClub at its sole discretion (c) submission of activity review after successfully completing any eligible TheTripClub activities you purchased
  • 11.1.3 You will only receive TheTripClub Credits for the first ten activities you have reviewed in any calendar month. If you have completed the same activity more than once in the same month, you will only receive TheTripClub Credits for the first review you have submitted for that activity.
  • 11.1.4 All TheTripClub Credits earned any time in the first calendar year will expire on the last day of the next calendar year. Therefore, if you are awarded a TheTripClub Credit on 1 October 2017, that TheTripClub Credit will expire and therefore be deducted from your account on 31 December 2018. All the credits accumulated to date as of 25 September 2017, regardless of when you obtained the TheTripClub Credits and remained unused will expire on 31 December 2018.
  • 11.1.5 Booking and delivery fees and charges are not eligible for earning TheTripClub Credits, nor can TheTripClub Credits be used to redeem or deduct booking and delivery fees and charges
• 11.2 TheTripClub Coupons
  
  • 11.2.1 TheTripClub Coupons are coupons with a one-time use and will not be returned if used that will be sent to your designated email address or applied directly to your TheTripClub Account, which may be used in exchange for discounts of future bookings on the TheTripClub Booking Platform. For the avoidance of doubt, once you have used the TheTripClub Coupons on the TheTripClub Booking Platform, such TheTripClub Coupons will not be returned or refunded under any circumstances.
  • 11.2.2 TheTripClub Credits may be attained through the following means: (a) You may receive TheTripClub Coupons through the TheTripClub Referral Program, as further elaborated on in Clause 11; or (b) You may receive TheTripClub Coupons by other authorized means as determined at TheTripClub’s sole discretion.
• 11.3 Abuse of Discounts
  
  • 11.3.1 In the event where it has come to TheTripClub’s attention that the TheTripClub Credits or TheTripClub Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by TheTripClub, TheTripClub reserves the right to the following: (a) Termination of your TheTripClub Account with immediate effect; or (b) Cancelation of all TheTripClub Credits or TheTripClub Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by TheTripClub at its sole discretion.

12. TheTripClub Referral Program

• 12.1 The Program
  
  • 12.1.1 On certain TheTripClub Sites, TheTripClub may offer members the chance to earn TheTripClub Coupons, when they invite friends to become members of a TheTripClub Site and those friends make a confirmed booking through an authorized TheTripClub invitation channel (“TheTripClub Authorized Channel”) (e.g. an invitation sent through the TheTripClub Platform, Facebook or another social media channel as supported by TheTripClub).
• 12.2 Terms
  
  • 12.2.1 You may only earn TheTripClub Coupons via TheTripClub’s authorized member invite mechanisms. Referrals outside of TheTripClub Authorized Channel will not result in any TheTripClub Coupons. You understand that TheTripClub Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
  • 12.2.2 You will only receive TheTripClub Coupons for the first confirmed booking made by a friend who makes his or her first booking on the TheTripClub Sites and subsequently completes his or her first booking as a result of an invite from you via a TheTripClub Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive TheTripClub Coupons, and TheTripClub will have no liability to you for your friend’s failure to follow directions.
  • 12.2.3 You agree that having multiple TheTripClub Accounts is a violation of this Terms of Use and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent the TheTripClub Referral Program system may, without limiting any of TheTripClub’s other rights or remedies, result in forfeiture of your membership and all TheTripClub Coupons in your TheTripClub Account.
  • 12.2.4 You must not conduct your own promotion in connection with the TheTripClub Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of TheTripClub, including the use of any trademarks of TheTripClub.
  • 12.2.5 TheTripClub reserves the right to void referrals and TheTripClub Coupons earned if it is suspected that the referrals or TheTripClub Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by TheTripClub.
  • 12.2.6 TheTripClub Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on the TheTripClub Platform
  • 12.2.7 TheTripClub reserves the right to modify the values and rewards of the TheTripClub Referral Program based on each user's activity.
  • 12.2.8 TheTripClub Referral Program is void where prohibited by law. TheTripClub reserves the right to modify or terminate the TheTripClub Referral Program at any time. Should there be any tax liability for the accumulation and/or use of TheTripClub Coupons, such taxes are the sole responsibility of the participant. You understand that your TheTripClub Account may not accurately reflect the TheTripClub Coupons you have actually earned. TheTripClub will have no liability for any errors displayed in your TheTripClub Account.

13. Privacy Policy

• 13.1 Privacy Policy
  
  • 13.1.1 For TheTripClub’s policy relating to its use of of your personal data, please review TheTripClub’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

14. Indemnity

• 14.1 TheTripClub’s Indemnification
  
  • 14.1.1 You will indemnify and hold TheTripClub, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the TheTripClub Platform, use of the TheTripClub Platform, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your TheTripClub User ID.
• 14.2 TheTripClub’s Involvement
  
  • 14.2.1 TheTripClub may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of TheTripClub without TheTripClub’s prior written approval. TheTripClub reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.* 15. Disclaimers and Limitation of Liability
• 15.1 Parties’ Relationship
  
  • 15.1.1 TheTripClub has no special relationship with or fiduciary duty to you for accessing and using the TheTripClub Platform and the Content. You acknowledge that TheTripClub has no control over, and no duty to take any action regarding: (a) Which users gain access to this TheTripClub Platform; (b) What content you access via the TheTripClub Platform; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
• 15.2 Services and Comments
  
  • 15.2.1 You acknowledge and agree that the Operators may offer the Services on the TheTripClub Platform, and that suggestions or recommendations may be given by the Operators or Users of the TheTripClub Platform. TheTripClub makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the TheTripClub Platform.
• 15.3 Exemption of Liability
  
  • 15.3.1 In no event will TheTripClub, the TheTripClub Platform, or any of TheTripClub’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This TheTripClub Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the TheTripClub Platform, tools or Services we provide related to the business we operate on the TheTripClub Platform by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
  • 15.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
  • 15.3.3 This TheTripClub Platform, including all content, software, functions, materials and information made available on or accessed through the TheTripClub Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, TheTripClub makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the TheTripClub Platform or the materials, information and functions made accessible through the TheTripClub Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the TheTripClub Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
  • 15.3.4 You acknowledge and agree that any transmission to and from the TheTripClub Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to TheTripClub and by posting information on the TheTripClub Platform, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and TheTripClub other than pursuant to this Terms of Use.
  • 15.3.5 You acknowledge and agree that you will not hold or seek to hold TheTripClub responsible for the content provided by any Operator or third party and you further acknowledge and agree that TheTripClub is not a party to any transaction in relation to the Services provided by any Operator or third party. TheTripClub has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the TheTripClub Platform.
• 15.4 Remedies
  
  • 15.4.1 If you are dissatisfied with the TheTripClub Platform, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against TheTripClub or another user of the TheTripClub Platform with respect to this Terms of Use or this TheTripClub Platform, your sole and exclusive remedy against TheTripClub is to discontinue use of the TheTripClub Platform.
  • 15.4.2 In any event, to the fullest extent permissible by the applicable law, TheTripClub’s liability, and the liability of any member of TheTripClub, to you or any third party in any circumstance arising out of or in connection with the TheTripClub Platform is limited to the greater of: (a) The amount of fees you paid to TheTripClub in the twelve months prior to the action giving rise to liability; or (b) Hong Kong Dollars 500.00 in the aggregate for all claims.

16. Interaction with Third Parties

• 16.1 Links to Third Party Websites
  • 16.1.1 This TheTripClub Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by TheTripClub, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by TheTripClub of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
  • 16.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
  • 16.1.3 TheTripClub has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, TheTripClub will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold TheTripClub harmless from any and all liability arising from your use of any Third Party Website.
  • 16.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
  • 16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
• 16.2 TheTripClub’s Responsibility
  
  • 16.2.1 You agree that TheTripClub shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TheTripClub is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release TheTripClub, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

17. Payment

• 17.1 In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following TheTripClub entities shall be responsible for transactions conducted in the following currencies:

18. Termination

• 18.1 Termination by TheTripClub
  • 18.1.1 This Terms of Use shall remain in full force and effect while you use TheTripClub Platforms or the Services. TheTripClub may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. TheTripClub may also terminate or suspend any and all Services and access to the TheTripClub Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
• 18.2 Effects of Termination
  • 18.2.1 Upon termination of your TheTripClub Account, your right to use the Services, access the TheTripClub Platform, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
  • 18.2.2 If this Terms of Use is terminated as a result of your breach, TheTripClub reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.

19. Passports, Visas, Documents, Licenses & Insurances

• 19.1 Your Responsibilities
  • 19.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
  • 19.1.2 As visa and health requirements are subject to changes without notice, TheTripClub recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
  • 19.1.3 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.
  • 19.1.4 TheTripClub strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.

20. Governing Law

• 20.1 This Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region of the Peoples Republic of China. You agree to submit to the non-exclusive jurisdiction of the Hong Kong court.

21. Miscellaneous

• 21.1 Severability
  • 21.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
• 21.2 Assignment
  • 21.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with TheTripClub’s prior written consent. TheTripClub may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
• 21.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.

22. Contact

• 22.1 Please contact TheTripClub at [email protected] to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.