The term “Trip2learn Tourism LLP” or “us” or “we” or “our” refers to Trip2learn Tourism LLP having its office at__ D-102, Isha Garden, S. No. 58, Kothrud, Pune-411038, Maharashtra, India. “You” or “your” or “yourself” refers to the users or members or viewers of this Portal.
2.DESCRIPTION OF SERVICES:
The Portal is a platform for you to interact and avail the services offered by various partners of Trip2Learn Tourism LLP, in Spain. We offer you the services of booking online language and cultural courses offered by various cultural and language institutes and organizations along with certain customized Itineraries for your vacations or tours in Spain. You understand and acknowledge that services are provided by the cultural institutions, organizations, language classes, vacation planners, tour operators, travel partners etc. (collectively “Service Providers”) and we only promote, aggregate and facilitate the services offered by these Service Providers to you.
We offer You the services of planning and booking leisure and customized itineraries in Spain, through the Portal offered by the respective Service Provider. Currently the Portal offers four customized packages and itineraries, which are devised based on our experience. You may decide to modify these customized itineraries based on your requirements, however same are subject to availability and acceptance by the Service Providers offering the itineraries. You may choose among various itineraries listed on the Portal and make payment directly to us, for the respective itinerary.
As part of the services, You may book or enrol for online language and cultural courses offered by the Service Providers in Spain. These courses could be booked by us on your behalf with the Service Providers. Currently, these courses are offered in four cities in Spain, namely Madrid, Barcelona, Seville and Valencia. These courses could be customized based on your requirements, but are subject to acceptance by the Service Providers. You understand that the courses offered by the Service Providers may have their own terms and conditions and shall always be subject to the same. You may choose various courses listed on the Portal and make payment directly to the concerned Service Provider, for the respective course.
The services are provided to You through our collaboration with these Service Providers, in Spain. The Portal, does not provide services relating to managing and facilitating issuance of visas, travel insurance and/or ticketing to and from Spain.
3.TERMS OF SERVICE:
None of the information contained on the Portal should be interpreted or construed as an offer to sell or a solicitation to avail the services. The Portal is intended to acquaint You with the services, provided by the respective Service Providers, and which we offer through the Portal.
You understand and acknowledge that the bookings for courses and the tours You make with the respective Service Providers could be cancelled and/or altered at any time by such Service Providers. We do have any control over the same. The terms and conditions and other policies of the respective Service Provider apply to any such cancellation or alteration. You understand and acknowledge that we do not own and/or operate any of the bookings related to the courses and tours as listed on the Portal. We are mere facilitators of the said bookings and accept no responsibility and/or liability with regards to the same.
We do not guarantee the authenticity or genuineness of the courses and tour bookings offered by the Service Providers. You are advised to exercise due care and caution before availing the services offered by the respective Service Providers. You understand and acknowledge that we cannot be held responsible for any deficiency in services or lack of services rendered by the respective Service Providers. In the event, the course and tour bookings are cancelled due to a force majeure event, we shall not be responsible and/or liable for the same. Upon the occurrence of any such event, your sole recourse lies with the respective Service Provider.
4.COST OF SERVICES:
You understand and acknowledge that the course fees and cost for tour bookings are decided by the respective Service Providers. The fees and the cost listed for the course and the tours are as per the prices provided to us and are subject to change, from time to time.
You understand and acknowledge that the course fees are payable directly to the respective Service Provider and the cost for the itineraries are payable to us in advance. You grant us the right and necessary authority to book the courses and the itineraries on your behalf. You confirm that no other documentary proof would be required to grant us this authority.
You understand and acknowledge that the course fees and the cost for tour bookings could fluctuate as per the policies of the respective Service Providers and the local governmental authorities. We are not responsible and/or liable for the same.
You may view the Portal and the services offered through the Portal without any requirement of registering with the Portal. However, in the event, You intend to book the courses or the itineraries available on the Portal, You are required to log-in through your Google, Twitter or Facebook (“Social Networking Sites”) account. You are also required to fill in a form in order to avail the services. You agree that any registration information provided by You will always be accurate, correct and complete. For providing the services, you authorize us to import your details and personal information, dispersed over the Social Networking Sites. We also reserve the right to refuse to register, or subsequently cancel, registrations which we deem inappropriate.
You acknowledge that we do not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images, trip details, vacation plans, course details, details of Service Providers, etc. (collectively, the “Content”) which You may have access to as part of the services, or through your use of this Portal. Under no circumstances, are we liable in any way for any Content, including, but not limited to: any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Portal.
You agree that You are solely responsible for your use and access of Content made available through the Portal.
7.CONTENT SUPPLIED BY YOU:
You represent, warrant, and agree that no contents/details shared by You with us (“your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, non-transferable and nonexclusive right to use your Contents including but not limited to your feedback, reviews, testimonials etc. in relation to the services offered through the Portal.
You acknowledge and understand that we are not liable to You for any Content posted on the Portal by other users.
8.LINKS TO THIRD PARTY SITES:
This Portal may contain links to other websites owned and operated by third parties who are not related to the Portal (“Linked Websites”). The Linked Websites are not under our control and we are not responsible for the content of such Linked Websites and make no representation or warranty with respect to the content of any such Linked Websites.
We provide these Linked Websites to You as a convenience only and the inclusion of any Linked Website does not imply any endorsement of the Linked Website by us. Your link to any such Linked Website is entirely at your own risk. We are not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that website.
The Portal may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. We accept no responsibility for any interaction between You and the relevant third party and are released from any liability arising out of or in any way connected with such interaction.
9.ACCESS TO THE PORTAL:
By accessing and procuring the services through the Portal, You represent and warrant that You have attained the age of majority as per the applicable law to which You are subject to.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your account, and (c) be fully responsible for all uses of your account. You must not sign up on behalf of another individual or entity unless You are authorized to do so.
No membership of the Portal or use of the services deem to make You our affiliate for any purposes whatsoever, nor shall You have any of the rights of our partners.
10. PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Portal for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Portal or any information provided through the Portal for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Portal in any manner that could disable, overburden, damage, or impair the Portal, or interfere with any other user’s use and enjoyment of the Portal; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services on the Portal, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not share or transmit Contents or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incites an illegal act;
You may not intimidate or harass another through the Portal.
Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Portal;
You may not use or attempt to use another’s account or personal information; and, You may not attempt to gain unauthorized access to the Portal, or the computer systems or networks connected to the Portal, through hacking, password mining or any other means.
Information against any country:
You shall not upload, modify, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of any country or insults any country.
11. ANCILLIARY SERVICES:
You may get access to site message boards, chat rooms, forums, blogs, e-mail, reviews and testimonials of other users, and other features (“Ancillary Services”) that are offered from time to time on the Portal and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity. You shall not use the message boards, chat rooms, e-mail to express your concerns or differences with a specific user.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the account.
12. DEALINGS WITH SERVICE PROVIDERS:
You acknowledge and agree that the Portal shall not be liable for your interactions with any Service Providers on the Portal. This includes, but is not limited to, payment and delivery of services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with the Service Providers. These dealings are solely between You and such Service Providers. You agree and acknowledge that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or interactions. If there is a dispute between You and other users on the Portal, or between You and Service Providers or any third party, You understand and agree that we are under no obligation to become involved in such dispute. In the event, You have a dispute with one or more other users or Service Providers, You hereby release us, our officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Portal.
13. CHANGE IN TERMS:
14. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PORTAL AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PORTAL AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR PARTNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL, THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PORTAL’S CONTENT OR THE DETAILS AND CONTENTS SHARED BY THE SERVICE PROVIDERS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PORTAL AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:-
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PORTAL AND SERVICES
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL OR THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR SERVICE PROVIDERS.
15. LIMITATION OF LIABILITY:
IN NO EVENT SHALL WE, OUR OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PORTAL OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PORTAL OR THE SERVICE, FROM INABILITY TO USE THE PORTAL OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PORTAL OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PORTAL OR THE SERVICES OR ANY LINKS ON THE PORTAL, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PORTAL OR THE SERVICES OR ANY LINKS ON THE PORTAL. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER(S), SERVICE PROVIDER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PORTAL IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN INDIA.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER ANY APPLICABLE LAW WHATSOEVER FOR ALL LOSS OR DAMAGE ARISING OUT OF USE OF THE SERVICES OR ACCESS TO THE PORTAL SHALL NOT EXCEED RUPEES ONE THOUSAND. THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
(i) details and Contents that You submit or transmit for the services,
(ii) your violation of any rights of any other person in connection with the Portal,
(iii) infringement of any third party intellectual property rights,
(v) any breach of applicable law (vi) any representation and warranties made in relation to the services and
(vi) transactions (present and subsequent) between You and the Service Providers.
17. ANTI-SPAM POLICY:
19. REFUND AND CANCELLATION POLICY:
We provide you the option of cancelling your bookings for itineraries and courses.
In the event, You wish to cancel your language course booking, You are required to contact the concerned Service Provider. You may initiate the cancellation within [●] days of booking. You understand and acknowledge that the terms and conditions of the concerned Service Provider shall apply to any cancellation initiated by You. You understand and acknowledge that we are not a party to any such cancellation and are not responsible and/or liable for the same, or any consequences arising therefrom. You undertake to bear any cancellation fees which may be imposed by the concerned Service Provider.
If You wish to cancel the itinerary bookings, You are required to contact us at [●].
20. INTELLECTUAL PROPERTY:
The Portal and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Portal are owned by us and our licensors, users, etc. as the case may be. The Portal respects copyright, and we prohibit users of the services from submitting, uploading, posting, or otherwise transmitting any Content or details on the Portal that violates another person’s proprietary rights.
All Content on this Portal are protected by copyright under the applicable copyright laws. You cannot use the Content, except as specified herein.
There may be proprietary logos, service marks and trademarks found on the Portal whether owned/used by us or otherwise. By displaying them on the Portal, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All materials on this Portal, including but not limited to audio, images, photographs, software, text, icons etc. (the “Portal Content”), are protected by copyright under the copyright laws. You cannot use the Portal Content, except as specified herein.
We respect copyright, and we prohibit users of the services from submitting, uploading, posting, or otherwise transmitting any content or details on the Portal that violates another person’s proprietary rights.
If You wish to terminate this Agreement, You may immediately stop accessing or using the services.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions will survive any termination.
23. MISCELLANEOUS TERMS:
Choice of Law and Jurisdiction:
Under no circumstances we shall be held liable for any damage or loss due to deficiency in performance of services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots or any other reason beyond our and Service Providers’ reasonable control.
No agency relationship: