Terms & Conditions
Last updated January 24, 2020.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Please read these terms and conditions of use carefully before you start to use the App as they represent a binding legal agreement and you will be bound by them (this “Agreement”).
By using the App, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
In return for your agreeing to comply with these terms you may download a copy of the App onto your mobile device/s and view, use and display the App on such devices for your personal purposes only.
We are giving you personally the right to use the App. You may not transfer the App to someone else, whether for money or free. If you sell any device on which the App is installed, you must remove the App from it.
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You must be at least 18 years of age to create an account on Travltalk and use the App. By creating an account and using the App you represent and warrant that you are 18 or over.
Other Applicable Terms & Policies
The App is operated by Travltalk Media Limited (“We”, “Our”, “Us”, “Travltalk”). We are registered in England and Wales under company number 11052617 and have our registered office at 5 Fleet Place, EC4M 7RD, London, UK. You can contact us by writing to us at [email protected]
Changes to these Terms & Conditions
Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant we will notify you through the App to make sure that you are informed of such changes. If you continue to use the App after the changes become effective, you agree to the revised Terms and Conditions.
Modifying the App
Travltalk is always striving to improve the App and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
We may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the locations services settings for the App on the device. If you allow us to use locations services it means you consent to us collecting location data.
When using the App and our in app communications infrastructure including any forms that we may offer users or add in the future on the App, you agree:
- any information you submit is accurate and truthful and you will keep this information accurate and up to date;
- to keep your user name and password secure at all times and to contact us immediately at [email protected] if you have reason to believe that they may no longer be secure; that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device. You agree to accept responsibility for all activities that occur under your account or password.
- not to use any other user’s identity to log on to the App;
- not to impersonate other people, particularly employees and representatives of Travltalk or our affiliates;
- not to use obscene or vulgar language;
- not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to legal liability on the App;
- not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the App without Travltalk’s prior written consent;
- not to post or make available any material which is protected by copyright, trade mark or other proprietary right on the App without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on the App infringes your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright or trademark issues relating to the App, please email: [email protected];
- to only use the App for lawful purposes;
- not to post comments which are aggressive in tone, or which could be construed as personal attacks against authors or other users;
- when posting or reading you agree to accept full responsibility for any material you place on the App; and
- not to encourage or promote any activity that violates this Agreement.
We may report any breach of this Agreement to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
Travltalk may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including termination of your account.
Travltalk may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate.
Rights you grant to Travltalk
By creating an account, you grant to Travltalk a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information, as well as any information you post, upload, display or otherwise make available (collectively, “post”), via Google, Facebook, through providing an email address on the App or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the App. You agree that any Content you place or that you authorize us to place on the App may be viewed by other users and may be viewed by any person visiting or participating in the App (such as individuals who may receive shared Content from other Travltalk users).
You agree that all information that you submit upon creation of your account, including information submitted including your email, Google or Facebook account, is accurate and truthful and you have the right to post the Content on the App and grant the license to Travltalk above.
You understand and agree that we may monitor or review any Content you post on the App. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the App.
In consideration for Travltalk allowing you to use the App, you agree that we, our affiliates, and our third-party partners may place advertising on the App. By submitting suggestions or feedback to Travltalk regarding our Services, you agree that Travltalk may use and share such feedback for any purpose without compensating you.
You agree that Travltalk may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Travltalk or any other person.
Other Users’ Content
Although Travltalk reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Travltalk cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it via [email protected]
Safety; Your interaction with other Users
Travltalk strives to encourage a respectful user experience but it is not responsible for the conduct of any user of the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or send money by bank transfer or other means, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TRAVLTALK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE ENQUIRE INTO THE BACKGROUND OF ITS USERS. TRAVLTALK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. TRAVLTALK RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Travltalk is the owner and/or the licensee of all intellectual property rights inherent in the App, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the App shall give effect to any transfer of such intellectual property rights from us to you.
Your sole right to use the intellectual property inherent in the App is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access and use the App.
Your Identity and Licence
You acknowledge that (except where explicitly stated) materials shared on the App are not private and can be viewed by everybody who visits the App, that other users will be able to identify (by username) who has posted each piece of material and that the username (and any profile details they have provided) and that who is logged on to the App at any given time may be visible to all users.
We reserve the right to reveal your identity and contact details to third parties if we believe that you may have breached any of these terms and conditions.
For your own safety and security, we recommend that you do not publish or otherwise disclose personal information such as your password, credit card number, home address, email address, phone number etc., when using the App.
By posting material on the App, you grant all other users the right to obtain access to such material and to view, store and reproduce it for personal use.
From time to time, Travltalk may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Travltalk (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Travltalk application from your device. Deleting your account on Travltalk or deleting the Travltalk application from your device does not cancel your subscription; Travltalk will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
TRAVLTALK PROVIDES THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE App (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRAVLTALK DOES NOT REPRESENT OR WARRANT THAT (A) THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE APP WILL BE ACCURATE.
TRAVLTALK TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE APP. ANY MATERIAL OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Your liability and Indemnity
You acknowledge that you are legally responsible for any material that you post on the App and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.
You will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of the App, another person’s software, hardware or telecommunications equipment.
You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.
This indemnity includes your use of the information you read on the App, together with any introduction or collaboration that you enter into as a result of viewing the App.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the App;
- use of or reliance on any content displayed on the App.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- damage to property;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Further, you acknowledge that the author of each posting on the App is responsible for his or her comments. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on the App.
We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on the App and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.
Third party website links
Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only.
If you do link from the App to other websites, your use thereof will also be subject to those websites’ terms and conditions.
Inclusion of any material in advertisements or sponsors’ materials on the App does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on the App are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the App.
Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
You can write to us at our registered office at:
5 Fleet Place, EC4M 7RD, London, UK
Alternatively, please email us at [email protected]