Terms and Conditions
1. Your Agreement
This website www.tripgu.com is operated by TripGu Corporation Co. Ltd, a Thailand incorporated company. Please read these terms and conditions carefully before using this Web Site and services provided by TripGu Corporation Co. Ltd, its affiliates (together, "TripGu") or third-party owner/operators (the "Operator") through this Web Site (the "Services"). "You" and "Your" include persons who access and/or visit the Web Site and any person for whom you make a purchase on behalf of Services.
- 2.1 TripGu reserves the right to modify or change the terms and conditions from time to time and at any time in its sole discretion. It is recommended that you check back and review this page for updated terms and conditions that apply to you. TripGu will post or display notices of material modifications or changes on this page along with the date on which terms and conditions was last revised at the top of this page.
- 2.2 Your use of this Web Site after any modification or change considers your consent to the revised terms and conditions. If you disagree with any part of these revised terms and conditions then you may not use this Web Site in any way. Revision of any modifications or changes to terms and conditions is fully your responsibility.
- 2.4 The term "Services" include, without any limitation, the use of this Web Site, any Services offered by TripGu itself or on behalf of the Operators on this Web Site. TripGu may change, suspend, or discontinue any Services at any time, including the availability of any feature, database, or content. TripGu also reserves the right to impose limits or conditions on particular Services or restrict your access to certain part or all of the Services without advanced notice or liability.
3. Provision and Access of the Services
- 3.1 The Web Site, its domain name (www.TripGu.com), any other linked pages, features, contents and application services (including, without limitation, to any mobile application services) offered from time to time by TripGu in connection therewith are owned and operated by TripGu.
- 3.3 TripGu does not that our Services, or any content, will always available or be uninterrupted. TripGu will not be liable to you, if for any reason whatsoever, the Services are unavailable at any time or for any period.
- 3.4 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 our Services through your internet connect are aware of these Terms of Service and other applicable terms and conditions, and that they comply with the same in entirety.
- 3.5 If you link to this Web Site, TripGu may revoke your rights to so link at any time, at its sole discretion. TripGu reserves the right to require prior written consent before linking to the Web Site
4. Website and Content
- 4.1 Any materials displayed or performed on the Web Site (including, but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials, also known as the "Content") are protected by copyright and/or other intellectual property rights. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, 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 Web Site or the Content or third-party submissions or other proprietary right or other proprietary rights not owned by you:
- without the express prior written consent of the respective owners, and
- in any way that violates any third party right.
- 4.3 In case TripGu agrees to grant you access to the Web Site and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Web Site in accordance with this Terms and Use. TripGu may, at our absolute discretion and at any time, without advanced notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Web Site.
- 4.4 You understand that TripGu cannot guarantee the identity of any other users with whom you may interact with in the course of using this Web Site. Additionally, TripGu cannot guarantee the authenticity of any data which users may provide about themselves. You must acknowledge that all the Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- 4.5 Under no circumstances will the Company 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 Services.
5. Intellectual Property Rights
- 5.1 All intellectual property rights subsisting in respect of this Web Site belong to TripGu or its licensors. This Web Site, 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:
- You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, distribute, perform, display, create derivative works based on, or in any way exploit, the Web Site or the Content, software, materials, or the Services in whole or in part.
- You agree to only download or copy the Content (and other items displayed on this Web Site or in accordance with the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.
- You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than for personal and non-commercial use is expressly prohibited without prior written permission from TripGu or from the copyright holder identified in such Content’s copyright notice
6. User Submissions
- 6.1 In the course of accessing the Web Site or using the Services, you and other users may provide information which may be used by TripGu and/or the Operators in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Web Site or otherwise providing content, materials or information to TripGu and/or the Operators in connection with the Services ("User Submissions"):
- TripGu and the Operators hereby are and shall be granted a non‑exclusive, worldwide, royalty‑free, perpetual, irrevocable, sub-licensable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services and TripGu’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services and derivative works thereof in any media formats and through any media channels;
- You understand and agree that TripGu reserves the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions is not affected by the foregoing license grant to TripGu does not affect, unless otherwise agreed in writing.
- You acknowledge that all information publicly posted or privately transmitted through the Web Site is the sole responsibility of the person from which such content originated and that TripGu will not be liable for any errors or omissions in any content.
- You warrant, represent and agree that you will not contribute any content in User Submission including but not limited to text, graphics, and photographs in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party
7. Users Representations, Warranties and Undertakings
- 7.1 You warrant, represent and agree that you will not contribute any content in User Submission or otherwise use the Services in a manner that
- Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party
- Violates any law, statute, ordinance or regulation
- Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
- Involves commercial activities and/or sales without TripGu’s written consent provided in prior such as contests, sweepstakes, barter, advertising, or pyramid schemes
- Impersonates any person or entity, including without limitation any employee or representative of TripGu
- Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program
- 7.2 TripGu reserves the right to remove any Content from the Services at any time, for any reason (including, without limitation, upon receipt of claims or allegations from third parties or authorities relating to such Content or if TripGu is concerned that breach of the immediately preceding sentence is found), or for no reason at all.
- 7.3 You, not TripGu, are solely responsible for any content in User Submission uploaded, posted, emailed, transmitted, or otherwise disseminate using, or in connection with, the Web Site
- 7.4 You further acknowledge and undertake that you are solely responsible for your User Submissions and any consequences of posting or publishing of your own User Submissions on this Web Site. You represent, warrant and undertake to TripGu that:
- Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or TripGu’s use of the User Submission (or any portion thereof) on or through this Web Site and/or the Services granted to this Web Site 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.
- 7.5 You agree to accept full responsibility for all activities occurring in connection with this Web Site and/or the Services. Any fraudulent, disruptive, abusive or illegal activity may be grounds for terminating your right to access or use this Web Site and/or the Services. You further represent, warrant and undertake to TripGu that:
- You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data including password, account, or other private information from any Web Site user.
- You must not use the Web Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal, fraudulent or antisocial activity considered expressly prohibited.
- You shall not run Maillist, Listserv, any form of auto-responder or "spam" on the Web Site, or any processes that run or are activated while you are not logged into the Web Site, or that otherwise interfere with the proper working of the Web Site, including by placing an unreasonable load on the Services’ infrastructure.
- You agree not to "crawls," "scrapes," or "spiders" any page or portion of the Services through the use of manual or automated means.
- You must not decompile, reverse engineers, or otherwise attempts to obtain the source code of the Web Site.
- You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the use of the Web Site and/or the Services.
8. Registration and Security
- 8.1As a condition to accessing or using all aspects of the Services, you may be required to register with TripGu ("TripGu Account) and select a password and username ("TripGu User ID"). TripGu may require your TripGu User ID be the same as your user name for such Third-Party Website or service in case you are accessing the Services through a Third-Party Website or service.
- 8.3You shall not
- Select or use as a TripGu User ID a name of another person with the intention to impersonate that person; or
- Use as a TripGu User ID a name subject to any rights of a person other than you without appropriate authorization.
- 8.4 TripGu reserves the right to refuse registration of or to cancel any user account in its sole discretion. You are solely responsible for maintaining the confidentiality of your account 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 will be sent to you after the completion of the activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not included in the newsletters or marketing mails, from which subscription can be stopped. Within 72 hours of the submission, the completed guest review may be uploaded onto the relevant activity page on the TripGu platform for the purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity only. Your account will be awarded TripGu credits once submitting a review. Such credits may be used towards your next booking subject to terms and conditions of TripGu. Each account is allowed to submit only one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of TripGu credits. TripGu further reserves the right, at its sole discretion, to deduct any credits directly from your TripGu account without advanced notice.
- 9.2 Posting a review constitutes TripGu the full, perpetual, free, transferable and irrevocable rights to all submitted user content. TripGu reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
- 9.3 You confirm you will abide with these Guest Review Guidelines. You further represent and warrant that
- You retain all of your ownership rights in user content that are posted or otherwise distributed by you, or you otherwise have the legal right to post and distribute such user content to or through the platform;
- Such content is correct, accurate, not misleading; and
- 9.4 Reviews must not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information including without limitation to names, phone numbers or email addresses, and irrelevant content such as promotional, marketing, persuading and rewarding information. Furthermore, reviews may not defame, abuse, harass, or violate the legal rights of others.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
- 10.1 Particular Services are subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Web Site is for reference purpose only. The actual time obliged for confirmation may vary.
- 10.2 Through this Web Site, you may purchase vouchers from TripGu for the Services ("Vouchers") offered by the Operators in different locations("Operators"). Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase containing a Voucher confirmation number ("Confirmation Number") and your Voucher in printable version.
- 10.3 In order to use your Voucher, you must appear in person at the meet-up point designated by the relevant Operator on time and present such documents and/or information required by the Operator, that may include your Confirmation Number and/or your printed Voucher. No refunds will be issued in case of failure to appear on time or provide the required documents or information.
- 10.4 An Operator may also require you to provide identification document bearing your photo in order to use your Voucher. Neither TripGu nor relevant Operator is responsible for the loss, destroying or theft of 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 any unlawful manner whatsoever (e.g. an attempt to use a wine tasting Voucher when being under the legal age allowed). Operator may refuse to accept your Voucher, and no refunds will be granted.
- 10.6 Voucher may be cancelled by contacting TripGu customer service within the cancellation period, as stated at the time of purchase on the Web Site and app. Cancellation windows vary on a case by case basis. A Voucher cancelled with the required notice will be refunded as per the cancellation terms applicable thereof to the credit card or debit card used for the purchase of such Voucher.
- 10.7 The Operators, and not TripGu, is the offeror of the Services for the Events (and to which Vouchers corresponding to) and is solely responsible for accepting or rejecting any Voucher purchased and providing all such Services relating thereto.
- 10.8 Please consult the Operator directly in case you have any enquiry or complaint 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 Web Site at any time prior to purchase.
- 10.9 In case your purchased voucher is cancelled by the Operator, you will be notified as soon as reasonably practicable, and TripGu will process a full-refund to the credit card used for the purchase of such Voucher.
- 10.11 TripGu reserves the right, at its sole discretion, to require payment of fees or charges for any Services offered by TripGu. You shall pay all applicable fees or charges, as set out on this Web Site, or are otherwise applicable, in connection with such Services selected by you. TripGu reserves the right to change its price list for fees or charges at any time which will be notified by email or post on the Web Site. Your use (or continue to use) of the Services offered by TripGu following such notification constitutes your acceptance of any new or revised fees or charges.
11. Other Rights and Obligations
- 11.1 TripGu reserves the right to reject and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at TripGu’s sole discretion. Furthermore, TripGu intends to, without obligation, 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 considered payable for using the Services are expressly excluded in determining the best price.
- 11.2 Whilst the Operators are required to provide TripGu with accurate and updated prices of the Services on this Web Site, however, TripGu cannot guarantee that all prices for the Services provided by the Operators are accurate and updated and TripGu absolves itself of any liability that may arise in this regard.
- 11.2 Such terms and conditions as well as return policies are internationally applicable to all TripGu users worldwide.
TripGu Coupons are coupons with a one-time use that will be sent to your specified email address or LINE (mobile application) by adding the @TripGu to your contacts or applied directly to your TripGu Account, which may be used in exchange for discounts off future bookings on the TripGu Booking Platform.
TripGu Credits may be earned through the following means:
- TripGu Coupons can be attained through the TripGu Referral Program, as further elaborated on in Clause 13; or
- TripGu Coupons can be received through any authorized means, determined at Trip Gu’s discretion
Abuse of Discounts
- Termination of your TripGu Account with immediate effect; or
- Cancelation of all TripGu Credits or TripGu Coupons as previously accrued; or
- Refusal of the provision of the Services to you; or
- Any other measures as deemed appropriate by TripGu at its sole discretion.
- 14.2 TripGu shall, if deemed necessary by TripGu in its sole discretion, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect TripGu’s rights or obligations without TripGu’s prior written approval. TripGu reserves the right to assume exclusive defense and control of any claim or action.
- 15.1 TripGu has no special relationship with or fiduciary duty to you for accessing and using this Web Site and the Content. You acknowledge that TripGu has no control over, and no duty to take any action regarding:
- Which users gain access to this Web Site;
- What content accessed via this website;
- What effects the Content may have on you;
- Way you interpret or use the Content; or
- What actions taken as a result of having been exposed to the content.
- 15.2 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. Unless expressly provided on this website and to the fullest extent permissible by applicable law, TripGu makes no representations or warranties of any kind, either express or implied, including, without limitation, 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.
- 15.4 You acknowledge and agree that the Services may be offered by the Operators on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Web Site. TripGu 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 Web Site.
- 15.5 You acknowledge and agree that you will not hold or seek to hold TripGu responsible for the content provided by any Operator or third party and you further acknowledge and agree that TripGu is not a party to any transaction in relation to the Services provided by any Operator or third party. TripGu has no control over, assumes no responsibility for, 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 this Website
- 16.1 Under no circumstances will TripGu, this Web Site, or any of TripGu’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:
- This Website; or
- Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or
- Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
- 16.2 These limitations and exclusions apply without regard to whether the damages arise from:
- Breach of contract; or
- Breach of warranty; or
- Strict liability; or
- Tort; or
- Negligence; or
- Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
- 17.2 In any event, to the fullest extent permissible by the applicable law, TripGu’s liability, and the liability of any member of TripGu, to you or any third party in any circumstance arising out of or in connection with this Web Site is limited to the greater of:
- the amount of fees paid to TripGu in the twelve months prior to the action giving rise to liability; or
- Thailand Bath 22,000.00 in the aggregate for all claims.
18. Interaction with Third Parties
- 18.1 This Website may contain links to third party websites or services ("Third Party Websites") that are not owned or controlled by TripGu, 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 TripGu of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
- 18.3 TripGu 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. Additionally, TripGu will not monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold harmless TripGu from any and all liability arising from your use of any Third Party Website.
- 18.4 Your interactions with organizations and/or individuals found on or through the Services (including without limitation 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, and TripGu does not take any responsibility in this regard.
- 18.5 You are required to make appropriate and necessary investigation before proceeding with any online or offline transaction with any of these third parties.
- 18.6 You agree that TripGu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. In case a dispute between participants on this site, or between users and any third party, you understand and agree that TripGu is under no obligation to be involved. In the event that you have a dispute with one or more other users or third parties, you hereby release TripGu, 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.
21. Passports, Visas & Insurances
- 21.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country of their destination for current entry requirements. As visa and health requirements are subject to change without notice, it is recommended, by TripGu, that you verify health and visa requirements with the appropriate consulate prior to your departure.
- 21.2 TripGu strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
22. Governing Law