Terms of Service
1. Your Agreement
2. Access and Use of the Services
2.1 Ownership of Content
2.1.1 This Website, the domain name (www.inspitrip.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Inspitrip in connection therewith are owned and operated by Inspitrip.
2.2 Provision and Accessibility of Services
2.2.3 If you link to is Website, Inspitrip may revoke your rights to so link at any time, at Inspitrip’s sole discretion. Inspitrip reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
4.1.2 If Inspitrip agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Inspitrip 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 this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website 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 Inspitrip’s Liability for the Website and Content
4.2.1 Inspitrip cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Inspitrip 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 this Website 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 Inspitrip 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 this Website.
5. User Submissions
5.1 Uploading of Information
6. Users Representations, Warranties and Undertakings
6.1 Use of this Website and the Services
6.1.1 You represent, warrant and undertake to Inspitrip that you will not provide any User Submissions or otherwise use this Website 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 Inspitrip’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 Inspitrip; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
6.2 Removal of User Submissions
6.2.1 Inspitrip reserves the right to remove any User Submissions from this Website 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 Inspitrip is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
6.3 Responsibility for User Submissions
6.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
6.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Inspitrip 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 this Website and/or the Services; or (b) 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 this Website; or (c) 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 (d) Run maillist, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (e) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
6.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
7. Registration and Security
7.1 Opening of the Inspitrip Account 8.1.1 In the course of using the Services, you may be required to open and maintain an account with Inspitrip (“Inspitrip Account”).
7.2 Provision of Personal Information
7.2.1 As a condition to using some aspects of the Services, you may be required to register with Inspitrip and select a password and user name (“Inspitrip User ID”). If you are accessing the Services through a Third Party Website or service, Inspitrip may require that your Inspitrip User ID be the same as your user name for such Third Party Website or service.
7.2.3 You represent that you shall not: (a) Select or use as a Inspitrip User ID a name of another person with the intent to impersonate that person; or (b) Use as a Inspitrip User ID a name subject to any rights of a person other than you without appropriate authorization.
7.2.4 Inspitrip reserves the right to refuse registration of or to cancel a Inspitrip Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
8. Reviews - Further correspondence - Rights to User Content
8.1. 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 Inspitrip 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. Each account may only submit one review per activity booked once or multiple times within the same calendar month.
8.2. By posting a review, you grant Inspitrip the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Inspitrip reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
8.3. You represent and warrant that:
8.3.1. 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;
8.3.2. such content is accurate and not misleading; and
8.4. 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. Booking Confirmation, Tickets, Fees and Payment
9.1 Booking Confirmation
9.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
9.2 Additional Charges
9.2.1 Inspitrip reserves the right to require payment of fees or charges for any Services offered by Inspitrip. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
9.3 Modifications to Charges
9.3.1 Inspitrip 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 this Website. Your use, or continued use, of the Services offered by Inspitrip following such notification constitutes your acceptance of any new or revised fees or charges.
9.4 Inspitrip’s Rights and Obligations
9.4.1 Inspitrip 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 Inspitrip’s sole discretion.
9.4.2 Inspitrip 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.
9.4.3 Whilst the Operators are required to provide Inspitrip with accurate and updated prices of the Services on this Website, Inspitrip cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
9.5 The above terms and conditions & return policies are applicable to all Inspitrip users worldwide.
10.1 In order to ensure adequate operational support for customers in respect of refunds and cancellations (where applicable), the following Inspitrip entities shall be responsible for transactions conducted in the following currencies:
(a) in respect of transactions in VND, Inspitrip Company Ltd;
(b) in respect of transactions conducted in all other currencies, Inspitrip Pty Limited.
11.2 Inspitrip Coupons
11.2.1 Inspitrip Coupons are coupons with a one-time use that will be sent to your designated email address or applied directly to your Inspitrip Account, which may be used in exchange for discounts off future bookings on the Inspitrip Booking Platform.
11.3 Abuse of Discounts
12.1 Inspitrip’s Indemnification
12.2 Inspitrip’s Involvement
12.2.1 Inspitrip 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 Inspitrip without Inspitrip’s prior written approval. Inspitrip reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
13. Disclaimers and Limitation of Liability
13.1 Parties’ Relationship
13.1.1 Inspitrip has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Inspitrip has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (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.
13.2 Services and Comments
13.2.1 You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. Inspitrip 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 this Website.
13.3 Exemption of Liability
13.3.2 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.
13.3.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Inspitrip makes no representations or warranties of any kind, either expressed or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, 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 this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
13.3.5 You acknowledge and agree that you will not hold or seek to hold Inspitrip responsible for the content provided by any Operator or third party and you further acknowledge and agree that Inspitrip is not a party to any transaction in relation to the Services provided by any Operator or third party. Inspitrip has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listings or other content provided by any Operator or third party on this Website.
13.4.2 In any event, to the fullest extent permissible by applicable law, Inspitrip’s liability, and the liability of any member of Inspitrip, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the greater of: (a) The amount of fees you paid to Inspitrip in the twelve months prior to the action giving rise to liability; or (b) $200.00 Australian dollars in the aggregate for all claims.
14. Interaction with Third Parties
14.1 Links to Third Party Websites
14.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Inspitrip, 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 Inspitrip of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
14.1.3 Inspitrip has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Inspitrip 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 Inspitrip harmless from any and all liability arising from your use of any Third Party Website.
14.1.4 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.
14.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
14.2 Inspitrip’s Responsibility
14.2.1 You agree that Inspitrip 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 Inspitrip 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 Inspitrip, 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.
15. Intellectual Property Rights
15.1 Intellectual Property
15.1.1 All intellectual property rights subsisting in respect of this Website belong to Inspitrip or have been licensed to Inspitrip for use on this Website. This Website, 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 this Website 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 this Website 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 noncommercial use is expressly prohibited without prior written permission from Inspitrip or from the copyright holder identified in such Contents copyright notice.
16.1 Termination by Inspitrip
16.2 Effects of Termination
17. Passports, Visas & Insurances
17.1 Your Responsibilities
17.1.1 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.
17.1.2 As visa and health requirements are subject to changes without notice, Inspitrip recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
17.1.3 Inspitrip strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
19. Governing Law
21.1 Inspitrip’s Modifications