Terms of Service
Last update: November 10, 2013
The website tripfeverr.com (we, us, site, website) offers the “Service” related to traveling.
Nature or “Service”: the website provides access to an online platform that connects “Sellers” who have knowledge and experience with a particular travel destination or activity directly with consumers “Buyers” seeking to “Services” related it to such destinations and activities.
“Member” means a person who completes tripfeverr.com’s account registration process, including, but not limited, to “Seller” or “Buyer”. “Seller” means a “Member” who creates a “Job” via the website. “Job” means a service that is offered by a “Seller”. “Jobs” on tripfeverr.com are offered for different prices. “Member Content” means all content that a member posts, uploads, publishes and submits. “Tax” or “Taxes” mean any taxes e.g. value added taxes (VAT). “Buyer” means a “Member” who requests or buys “Job”. “Personal Services” is a group of “Services” where there is a personal or phone interaction between “Seller” and “Buyer” for the purpose of delivering “Job” (e.g. guided tours, socialising etc.).
By using the “Services”, you agree to comply with and be legally bound by these Terms of Service (“Terms”). These “Terms” govern your access to and use of the website and constitute a binding legal agreement between you and us. Please carefully read these “Terms”. If you do not agree to these “Terms”, you have no right to use the “Services”or access the website.
We do not provide a means to actually book or buy any “Services”. Jobs” can be purchased based on your agreement with “Seller”. “Buyers” can contact “Sellers” directly to make the appropriate arrangements. We do not employ any “Sellers” and earn no direct commission from purchasing “Services”.
You understand and agree that we are not a party to any agreements entered into between “Sellers” and “Buyers”, nor is tripfeverr.com an agent or insurer. Tripfeverr.com has no control over the conduct of “Sellers”, “Buyers” and other users of the “Services” , and disclaims all liability in this regard.
The website is owned and provided by Mr. Marek Badik, with registered seat at: V Konirnach 1031, 289 24 Milovice, Czech Republic, European Union, reg. nr.: 01644394. When the term TripFeverr.com is used in these “Terms” it means Marek Badik as the provider of the “website”.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these “Terms”. In such event, “you” and “your” will refer and apply to that company or other legal entity.
You may view “Jobs” as an unregistered visitor; however, if you wish to create a “Job” as a “Seller” or contact “Seller” as a “Buyer” you must first register to create a tripfeverr.com account. Registration is free.
We will not be liable for any fake accounts or any persons. We advise “Buyers“ to conduct due diligence before purchasing „Service“. Conversely, we will not be liable for any fake accounts of users or persons masquerading as potential customers.
We reserve the right to close your account at any time for any or no reason.
You may not have more than one active tripfeverr.com´s account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate and complete. Tripfeverr.com reserves the right to suspend or terminate your tripfeverr.com account if you create more than one tripfeverr.com account or if any information provided is inaccurate or incomplete.
You represent and warrant that you have not previously been suspended by TripFeverr.com or otherwise banned from the site; you are not a competitor of us; and that you have full power and authority to enter into these “Terms” and in doing so will not violate any other agreement to which you are a party.
We do not endorse any “Members” or any “Jobs”. In addition, it does not attempt to confirm, and do not confirm, any Member’s purported identity. Only you are responsible for determining the identity and suitability of others who you contact via the “Services”. We will not be responsible for any damage or harm resulting from any interactions with other “Members”.
By using the “Services”, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other “Members” or other third parties will be limited to a claim against the particular “Members” or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from tripfeverr.com with respect to such actions or omissions.
You agree and undrestand that “Users” profiles shared on the website are not verified by us, and we strongly urge potential ”Buyers” to exercise due caution while dealing with “Sellers” providing especially (but limited) “Personal services”. Furthermore, we leave it up to the judgment of the “Buyer” whether to pay any money in advance or not. We cannot be held liable for any loss or damage suffered by any “Buyer” who may rely on information available on this website.
Traveling to certain destinations may involve greater risk than others. It is the responsibility of the individual “Buyer” to investigate and review travel advisories,restrictions, warnings and announcements issued by all sources, including those issued by your country and destination country authorities prior to purchasing any “Jobs”. We will not be held liable for any omission or lapse in due diligence on the part of the user or tourist. Additionally, we will not be held liable for any omission or lapse in due diligence by “Seller” registered on the website, or for any acts/omissions done by “Seller”.
Tripfeverr.com recommends that “Seller” obtain appropriate insurance for their “Jobs” especially in terms of some personal “Services” such as guided tours. Please review any insurance policy including any exclusions that may apply for such an insurance policy.
The “Services” are intended solely for persons who are 18 or older.
To protect our users’ privacy, user identities should be kept anonymous. Providing email addresses, Skype usernames, telephone numbers or any other personal contacts details (other than your name) in your job description or TripFeverr.com profile is not permitted. If doing so, it is our decision whether we ban such a “User” temporarily or permanently.
We reserve the right (not responsibility) in our sole discretion, not to approve “Jobs” posted by “Seller”.
Posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, nonsense or any travel unrelated stuff is strictly prohibited. Doing so will get your account blocked permanently.
You are responsible for scanning all transferred files for viruses and malware. We will not be responsible for any damages which might occur due to site usage, use of content or files transferred.
We are not responsible for the content, quality or the level of service provided by “Sellers”. We provide no warranty with respect to the “Jobs”, their delivery, and any communications between “Buyers” and “Sellers”. You acknowledge and agree that you are responsible for any and all “Services” you post.
By offering “Service”, the “Seller” undertakes that he has sufficient permissions, rights and/or licenses to provide, sell or resell the service that they offer on tripfeverr.com.
You represent and warrant that any “Job” you post will not breach any agreements you have entered into with any third parties and you are in compliance with all applicable laws, tax requirements, copyright policies and rules and regulations that may apply to a “Job” you post. Tripfeverr.com assumes no responsibility for a Seller’s compliance with any applicable laws, rules and regulations. Tripfeverr.com reserves the right, at any time and without prior notice, to remove or disable access to any “Job” for any reason, including “Jobs” that tripfeverr.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the “Services”.
You understand and agree that tripfeverr.com does not act as an insurer or as a contracting agent for you as a “Seller”. Any agreement between “Buyer” and “Seller” and tripfeverr.com is not a party thereto. Notwithstanding the foregoing, tripfeverr.com only serves for “Seller” as a platform where “Seller” can advertise his/her/its “Jobs”
TripFeverr.com is not responsible for accepting payments from “Buyers” on behalf of the Sellers and is not responsible for transmitting such payments to the “Sellers”. TripFeverr.com does not provide any payment system.
For some “Services” types of “Jobs”, “Sellers” may decide to add additional charges for shipping.
Buyers, who order “Job” that requires physical delivery, may be asked to provide a shipping address. Sellers are responsible for all shipping arrangements once the “Buyer” supplies the shipping address.
Tripfeverr.com does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
You understand that tripfeverr.com is not an operator of tours, activities or other “Services”, nor is it a provider of these “Services”. Tripfeverr.com’s responsibilities are limited only to advertise the availability of the “Services”.
If “Seller” is acting or has acted inappropriately e.g.”Seller” engages in offensive, violent, sexually inappropriate behavior or other disturbing conduct or you suspect of stealing from you, you should immediately report such person to the appropriate authorities and then to tripfeverr.com by contacting us at email@example.com. You agree and understand that your report to us will not obligate us to take any action or cause us to incur any liability to you, hovewer, tripfeverr.com may stop “Seller” from using our services any more.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and “Tax” obligations that may apply to your use of the site and “Services”. In connection with your use of the “Services”, you may not and you agree that you will not:
•violate any law, regulation, or any order of a court;
•use tripfeverr.com’s name and trademark, logo or other proprietary information without tripfeverr.com’s express written consent;
•post any content that infringes or violates a third party’s patent, copyright, moral rights, other intellectual property rights or rights of publicity and privacy;
•infringe the rights of any person or entity, e.g. their intellectual property, privacy or contractual rights;
•post information concerning any other person or entity without their permission, personal contact information or post credit, debit card or bank account numbers;
•use the “Services” for any purposes that are not expressly permitted by “Terms”;
•copy or otherwise use information placed on the website for purposes not permitted by Terms;
•infringe the rights of any person or entity, e.g. their intellectual property, privacy or contractual rights;
•damage the “Services” e.g. through the use of viruses, Trojan horses etc.;
•use the “Services” to distribute spam or unrelated advertisements
•offer, as “Seller”, any “Job”s you do not yourself have permission to provide or is not allowed by „Terms“
•recruit or otherwise solicit any “Member” to join third party “Services” or websites that are competitive to us
•use the “Services” to find a “Seller“ or a “Buyer” and then ordering “Job” independently of the “Services” or contact “Seller” for any purpose other than asking a question related to “Job”
•as a “Seller”, submit any “Job” with a false or misleading information e.g. false or misleading price information
•“stalk” or harass any other users or post andy fraudulent, false, misleading, defamatory, obscene, pornographic, vulgar or offensive, discriminatory, racism, hatred, harassment, illegal, harmuful content
•systematically retrieve data or other content from the “Services”
•access or use non-public areas of the “Services”, tripfeverr.com’s computer systems, or the technical delivery systems of tripfeverr.com’s providers;
•attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
•forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the “Services” or to send altered or false source-identifying information;
•encourage or assist any third party in doing any of the foregoing.
Tripfeverr.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Tripfeverr.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these “Terms”. In particular, in the case of any solicitation, you acknowledge that tripfeverr.com has no obligation to monitor your access to or use of the “Services” or to review or edit any “Member” content, but has the right to do so for the purpose of operating the “Services”, to ensure your compliance with these “Terms”, or to comply with applicable law or requirement of a court, administrative agency etc. Tripfeverr.com reserves the right, at any time and without prior notice, to remove or disable access to “Services” tripfeverr.com, at its sole discretion, considers to be objectionable for any reason, in violation of these “Terms” or otherwise harmful to the “Services”.
You can contribute to the site in a number of different ways, uploading photos, filling out your public profile etc. (your “Content”). We may (but it is not our obligation) to use “Content” in a number of different ways, including displaying it on the site, reformatting it, editing it for clarity and grammar or changing the classification into categories or locations.
We may also incorporate your “Content” into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites. As such, you hereby irrevocably grant us permission to use your “Content” for any purpose. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your “Content”.
You acknowledge and agree that you are solely responsible for all “Content” that you make available through the “Services”. Accordingly, you represent and warrant that:
•you are the sole and exclusive owner of all content that you make available through the “Services”
•you have all rights, licenses, consents and releases that are necessary to grant to tripfeverr.com the rights in such member´s content
• neither “Member” content nor your posting, uploading, publication or submission of the “Member” content or tripfeverr.com’s use of the “Member” via our “Services” will infringe or violate a 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 or regulation.
We may remove or reinstate user Content from time to time at our sole discretion. We have no obligation to retain or provide you with copies of your “Content”, nor do we guarantee any confidentiality with respect to your “Content”.
We may display advertisements and other information adjacent to or included with your “Content” on the Site. You agree that you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You alone are responsible for your „Content“. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your „Content“ that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your „Content“ as described herein. You may not imply that your „Content“ is in any way sponsored or endorsed by us.
We respect copyright law and expect the users to do the same. It is our policy to terminate in appropriate circumstances the tripfeverr.com accounts of “Members” who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We do not check user uploaded/created content for violations of copyrights, trademarks or other rights. Everyone is invited to report suspected violations together with proof of ownership. Reported violating content will be removed.
Termination and tripfeverr.com account
We may at any time: (a) terminate your access to the “Services”, and (b) deactivate or cancel your tripfeverr.com´s account. Please note that if your tripfeverr.com´s account is cancelled, we do not have an obligation to delete or return to you any „Content“ you have posted to the “Services”.
We collect “Personal information” in connection with your registration to join the “Service”. You can register to join “Services” by completing the required forms at the website.
You may also be permitted to register to join by logging into online accounts you may have with third party service providers (e.g. Facebook). You represent that you are entitled to disclose your “Third Party” account login information to tripfeverr.com and/or grant tripfeverr.com access to your “Third Party” account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable “Third Party” account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable “Third Party”.
If you decide to register by logging into a “Third Party” account via our website, we may obtain the Personal Information you have provided to the applicable “Third Party” (such as your “real” name, email address, profile picture, names of friends etc. and/or other information you authorize us to access by authorizing the Third Party to provide such information) from your Third Party accounts. We use that information to create your tripfeverr.com´ account in order you become a “Member”.
You understand that by granting us access to the “Third Party” accounts, we will access, make available and store (if applicable) the information in your Third Party accounts so that it can be available on your tripfeverr.com´ account.
We may also collect the other information that you provide as part of registration and the administration and personalization of your tripfeverr.com´s account profile (e.g. demographic information) (“Non-Identifying information”).
We use your Personal Information (in some cases, in conjunction with your “Non-Identifying information”) mainly to provide “Service”, promote your “Jobs”. We may combine your “Personal information” with “Non-Identifying information” and aggregate it with information collected from other tripfeverr.com “Members” to attempt to provide you with a better experience, to improve the quality and value of the “Service” and to analyze and understand how the “Service” is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We may also use your “Personal information” (e.g. email address) to contact you with our newsletters, marketing or promotional materials and other information that may be of interest to you. But do not worry – we hate spam as much as you do. If you do not want to receive our messages you may unsubscribe at any time. Unsubscription is free of charge. Please note that we may also use your “Personal information” to contact you with information related to your use of the “Service”; you may not opt out of these notifications.
Information we collect
When you register to the website we ask you to provide certain personal information, including a valid email address and username. We may collect additional information: physical address and additional authentication information (like your first name and surname, your shipping address, identification of your PayPal account, your phone number) to provide you with the “Services” you need, or to ensure the marketplace integrity (for example, prevention of fraud). We also collect any information between you and us.
We provide a method for communicating between “Users” via our personal messaging system. We collect this information and may monitor these messages to ensure compliance with the se “Terms” and to improve our “Services”.
We collect information to provide better “Services” and enhance user experience to all of our “Members”.
When you visit our website we collect information sent to us by your computer, mobile phone, tablet or any other type of device that allows access to our website. We also collect information you give us when registering for the use or purchase of our “Service”.
Once you register, your username and additional information regarding your activity is made public and is visible to all users of the site. This information includes photos you upload, your published portfolio, “Job” information, ratings, and additional information you may choose to add to your profile. Some information you disclosed to us serves only for our usage and will not be visible to other users (identification your PayPal account, phone number, shipping addresses) unless you disclose them by yourself.
We also collect information about your purchase of our “Service” (e.g. Featured jobs) and your participation in our “Program”.
We may also collect non-personal information helping us to provide you with better level of “Services”. This includes information about your IP address, HW devices, operation system, browser, network, web log data or cookies.
We may use third-party tools to help us measure traffic and usage trends for “Service”. These tools collect information sent by your device or our “Service”, including the web pages you visit, add-ons, and other information that assists us in improving the “Service”.
By visiting our website you give us express consent to use your non-personal information. By registering for the purchase or use our “Service” you give us express consent to use also your personal information. Consent to use your personal information is given voluntarily but we can’t provide you with our “Services”” or let you participate in the “Program” without it. Your consent is given for the whole period of time our website is accessible and/or our “Services”” are provided.
You can withdraw your consent to use your personal information at any time. Withdrawal can be done by email sent to us.
You may set your browser to block all cookies, but remember that many of our “Services” may not function properly if your cookies are disabled.
You agree and understand that for ordering our “Service” you must register your valid email address.
If you post a “Job”, we may publish that “Job” publicly via the “Service” and may enable third parties to publish your “Job” on their websites e.g. through the use of an HTML “widget”. We may also display the geographical location of your “Job”.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of tripfeverr.com or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Your information is fully protected against abuse. We protect your information using physical, technical and administrative security measures to avoid loss, disclosure or other misuse of your information.
We take great care in preventing unauthorized access to our website through industry standard technologies. However, we do not guarantee that unauthorized access will never occur. Users who have registered to the site agree to keep their password in strict confidence and not disclose such password to any third party.
Links to Other Websites
These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
How we use and store your information
We use the information we collect for the purpose of providing, maintenance and improving our “Service”. Our “Service” is provided worldwide. We may therefore store the information on a server located outside of the country where the customer (you) is physically located.
We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our site terms and take other actions permitted by law.
We also use the information to:
-provide, improve, test, and monitor the effectiveness of our “Service”;
-monitor metrics such as total number of visitors, traffic, and demographic patterns;
-diagnose or fix technology problems.
All data obtained from you are exclusively used for internal use and are not available to the third parties. You agree and acknowledge that we reserve the right to pass on the information to our legal successors. In the event we go through a business transition such as a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, your information may be among the assets transferred.
You have the right to access your “Personal information” and to update or otherwise correct your personal information.
Sharing of your information
You acknowledge and agree that we might rent or sell your information to third parties. However, it is not the intention currently. We may combine your information with information we collect from third parties in order to improve our “Service”, content of our website and advertising purposes.
We may provide your personal details to third parties and prevent fraud and illegal activities, as detailed below.
•To service providers for the purpose of opening, operating and servicing your account (example – payment vendors, CRM systems, mailing systems or technical consultants);
•To respond to legal and regulatory authorities; and
Other web sites and services
How to contact us
All obligations based on these “Terms” and also all related non-contractual obligations and liabilities arising out of or in connection with these “Terms” shall be governed by the law of the Czech Republic with the exception of the provisions of the conflict of laws clause. These disputes if not solved on the basis of negotiation will be decided by the respective court of the Czech Republic.
We reserve the right to put any account on hold or permanently cancel accounts due to breach of these “Terms” or any illegal or inappropriate use of the site or “Services”.
These “Terms” constitute the entire and exclusive understanding and agreement between us and you regarding the “Services” and these “Terms” supersede and replace any and all prior oral or written understandings or agreements between us and you.
Both “Buyers” and “Sellers” agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to tripfeverr.com, including “Job” texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by us for marketing and/or other purposes.
You understand and agree that we cannot and will not control and be responsible for the username, first name, the last name and the email addresses provided by you when using “Service”. You use the “Service” at your own risk. You are solely responsible for your usernames. We, however, reserve the right, not obligatory, to force forfeiture of any username for any reason.
The profiles shared on this website are not verified by us, and we strongly urge potential “Buyers” to exercise due caution while dealing with people who may claim to be their “Services” provides on the website. Furthermore, we leave it up to the judgment of the “Buyers” whether to pay any money in advance or not. We cannot be held liable for any loss or damage suffered by any traveller who may rely on information available on this website.
You understand and agree that you are solely responsible for determining your applicable “Tax” reporting requirements. Tripfeverr.com cannot and does not offer Tax-related advice to any “Members” of the “Services”.
We cannot guarantee the accuracy of any information or “Content” on the website. We cannot also make any warranty on the suitability of the information on the website for any purpose. Any mention of any product or services is by no means to be construed to be an endorsement of any product or service.
If you choose to use the “Services”, you do so at your sole risk. You acknowledge and agree that we do not have an obligation to check any “Member”, including, but not limited to, “Buyers” and “Sellers”, but may conduct such checks in our sole discretion. We make no warranty that the “Services” meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any “Job” or the accuracy, timeliness, truthfulness, completeness or reliability of any “Content” obtained through the “Services”.
No advice or information, whether oral or written, obtained from us or through the site will create any warranty not expressly made herein.
You are solely responsible for all of your communications with other “Users”.
You agree and understand that we do not make any attempt to verify the statements of users of the “Services” or to review or visit any “Jobs“. You agree to take reasonable precautions in all communications and interactions with other users of the “Services” and with other persons, including, but not limited to, “Buyers” or “Sellers”.