Terms and Conditions| Travel with Trust | Tripscam

ABOUT THE WEBSITE:

This Website is operated by Trip Scam Solutions Private Limited (the “Company”) incorporated under Indian Companies Act, 2013 having CIN U63090DL2016PTC304356.


This Website is an online user platform to share and read the aggregated travel experiences and incident reports from travellers all around the world (“Services”). By this online platform, a user can share his travel experiences where he has encountered with the scams, frauds and incident reports therefrom.


Any reference to the words “you” or “your” refers to you as a user of this Website and its Services and any reference to the words “we”, “our” and “us” shall refer to the Company as the provider of the Services.


DEFINITIONS:

Account Information: Account Information refers to a user identification code, password or other piece of information which may be provided to you as a part of your security procedure and privacy policy.

Company/We/Tripscam: Company/We/Tripscam refers to Trip Scam Solutions Private Limited i.e. the Company incorporated under Indian Companies Act, 2013.

Contents: Blogs, Articles, Data, Videos, Pictures, Incident Reports, Opinions published by the users of the Websites.

Data: Data refers to the contents available on the Tripscam’s Website for its users.

Laws: All applicable laws as within the territory of India.

Services: Services refers to the facilities provided online on the website for users.

Terms: Terms refers to these Terms and Conditions as applicable on the user for use of this Website.

Use: Use means to use, copy, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in case of third party services, allow their users and others to do the same.

User/You: User/You refers to the person who is entering this Website and accessing its data by posting, copying or reading its contents after confirming to its terms and conditions.

Website: Website refers to the present Website i.e. www.tripscam.com and includes its subdomains and pages.


TERMS OF USE:

That this website contains the terms of use along with the documents referred to in it (“Terms”) including Privacy Policy and Content Guidelines on which, you may make use of our website i.e. http://www.tripscam.com/ (“Website”), whether as a guest or as a registered user. By the term ‘use of our website’ we mean accessing, browsing, or registering to use the Website. Please read these Terms carefully before you start to use the Website. A printed copy of these terms can be retained by you for your future reference.


By using the Website, it is implied that you have accepted these Terms & Conditions and that you have agreed to comply with them.


If you do not agree to these Terms, you must not use the Website. If you do not agree with any amendment or amendments made by us to these Terms and Conditions at any time in future, you must stop using the Website with immediate effect.


CHANGES TO THE WEBSITE AND TO THESE TERMS AND SERVICES:

We may, without prior notification/announcement, update, revise or otherwise modify and amend and vary these Terms and Services along with any content of the Website at any point of time in future, and you understand and agree that your continued access or use of this Website after such changes signifies your acceptance and recognition of the updated or modified Terms of Use. We will notify the last date of revisions that were made to the Terms at the bottom of this page for your convenience. It may be noted that any revisions or amendments; whenever made, will come into effect upon its posting or else decided by the management. Therefore, it is recommended to keep a check on this page from time to time in order to take notice of any changes we made, as they are binding upon you. However, if we make desired changes to the Terms and you still continued to access the Website then it will be deemed that you have agreed to the modified Terms and Conditions.


Hence, we do not guarantee nor we take any responsibility about any of the Contents published by us or by a third person/individual/company etc on website, will be free from errors or omissions.


ACCESSING THE WEBSITE:

We do not guarantee and give any kind of assurance that the use of the Website or any of its content will always be available or may be used uninterruptedly. We may, without notice, suspend, withdraw, discontinue or change all or any part of the Website. The modification of rules and contents will be subject to management and can be reformed at any time. In any case, we will not be liable or answerable to you if for any reason the Website is unavailable at any point of time or for any period.


You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they duly comply with them.


CANCELLATION AND SUSPENSION OF ACCOUNT:

We may at any time without prior notice or display:

(a) Delete your account;

(b) Temporary or permanently block it.


Upon cancellation or suspension of your account, your right to access the Website or to use its services will immediately cease. That your information collected by us, due to usage of our Website and our services will be retained by us and will be managed as per our Privacy Policy. Moreover, certain Terms of this Website and of Privacy Policy will be effective upon you even after termination or suspension of your account or services.


CONTENT:

Ownership Of Tripscam Content And Proprietary Rights:-

Tripscam is the sole and exclusive copyright owner of the Services and Content available on the Website. Tripscam is not responsible for the content published by some third party other than Tripscam. Tripscam have complete dominion on the Website, its logo and over all the product and services names or slogans displayed on its Website, being the registered Trademark of Tripscam, therefore, the same may not be copied, imitated or used, in whole or in part, without the prior written permission of Tripscam. Tripscam have the exclusive ownership over the copyrights associated with the Services and Content available on the Website, which may be protected by copyright, trademark and other applicable intellectual property and proprietary rights and laws. By using this Website it will be deemed that you have agreed to intimate us immediately after becoming aware of any infringement upon any copyright, trademark or of any intellectual property rights by sending us email to info@tripscam.com. Moreover, if you believe that any content available on this Website constitutes infringement of your Intellectual Property Rights, even then you may notify us on the above stated email address.


Copyright Ownership of Banner Images of Attractions and Cities:-

The banner images of various attractions and cities have been sourced from our own resources as well as CC-0 and CC-2 resources on Flickr, Pixabay, Unsplash and Wikipedia. Tripscam has provided credits to the image sources wherever applicable. In case, credits has not been provided where it is due, it may be brought to our notice through Grievance Officer (Contact details mentioned below). We would either remove the disputed banner images from our website or provide the credits as required by the owner. We do not claim any copyrights over these banner images of attractions and cities on our website. You are required to contact original owner/ source for any copyright related issues regarding these banner images.


Your License To Tripscam Content:-

That as per the Terms and Conditions of this Website, Tripscam grants you a personal, limited, non-exclusive and non-transferable license to access and use the Services available on the Website. You shall use the services available on the Website solely for your personal use and not for any illegal purpose or in any manner inconsistent with the Terms of the Website. By entering this Website, it is deemed that you have agreed not to use, copy, display, modify, distribute, translate, reproduce, broadcast, reformat, incorporate into advertisement, sell, promote or exploit any of the content available on the Website either in whole or in part apart from the content which is expressly authorised by us in our Terms or in Copyright Policy. Your rights to access the Website and use our Services will be terminated immediately on account of any violation in any of the covenant as mentioned in this section of your license.


Tripscam License to Your or User Content:-

By entering our Website and publishing, posting or submitting any of your Content on it, it will be deemed that you have irrevocably grant us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, sub-licensable, transferable license along with the right to use your Content along with all Intellectual Property Rights therein for any purpose whatsoever. Moreover, Tripscam retains its right to use your name or username which you will submit in lieu of your Content. By agreeing to these Terms, you agree to irrevocably waive, and cause to be waived, any claims or assertions of your moral rights or attribution in lieu of your content brought against us, any third party services and our or their users.


Representations Regarding Your or User Content:-

You shall be solely responsible for any Content published or posted by you on this Website. By posting any content on the Website you represent and warrant that you are the sole author of your Content or have been granted explicit permission from the rights holder to submit your Content. Moreover, upon posting of such Content you thereby undertake that the Content is accurate and correct and is not in violation of any of the Terms or any applicable laws. In case of any incident report, you warrant that you are the sole author of that report and the report reflects the actual experience that you had and shall be based upon the fair expression of your honest opinion.

By posting or publishing any Content on the Website, you agree to assume all risks associated with your Content which includes other’s reliance on its quality, accuracy, reliability or any disclosure by you or information in your Content that makes you personally identifiable. Moreover, Tripscam do not guarantee any accuracy, integrity or quality of any content posted by any user, however, we reserve our right to remove the Content posted by the user. By using our Services and entering our Website, you thereby acknowledge and agree that the content posted by users and any liability arising there from such content is the sole responsibility of the user who posted such content, and not of Tripscam.


Content Removal:-

Tripscam reserves its right, at any point of time and without any prior notice, to remove, block, or disable access to any content that we for any reason or no reason, consider to be objectionable or in violation of the Terms or harmful to the public morality or harmful to our users, in our sole discretion. The said removed or blocked Content will be retained by Tripscam and we will not be liable to return it back to the user who has posted such content.


Links to Third-Party Sites:-

This Website may from time to time contain hyperlinks to website operated by third parties other than Tripscam. Such Websites are controlled by the third parties and Tripscam has no control on such websites, however, such hyperlinks are provided for your reference only. Moreover, by way of such hyperlinks available on our Website, we do not endorse any material available on their websites nor we are in association with their operators. At times, you may be asked by a third party site to link your profile on Tripscam to a profile on third party site, doing this is entirely optional and Tripscam shall not be liable for any consequences thereof.


Incident Reports by Users:-

Any incident reports posted or published by user on the Website does not reflect the opinion of the Tripscam. It is pertinent to mention herein that any incident report posted by the user on the Website will solely be the personal opinion of that user and Tripscam will not have any role to play in it. Moreover, Tripscam acts only as a neutral platform to advance different personal experiences of users/reporters. Tripscam is a neutral platform and don’t arbitrate disputes, however, if any person is affected by the personal opinion of any user or from any incident report then he may contact the user to clear the misunderstandings. It would be impediment on the user to bring to our knowledge if some other user posts any report which is in violation of the Terms of this Website. Tripscam even reserves its right to remove any incident report if it is found that such report is in violation of the Terms or against the Tripscam’s guidelines and policies. If any person is affected by any incident report posted by any user, then he may contact the Tripscam by writing up the email on the above stated email address.


User Feedback at Help Centre:-

By sharing or sending any idea, suggestions, amendments, or documents (“Feedback”), you thereby agree that- Your feedback does not contain any confidential, proprietary or secretive information pertaining to the third parties;

Tripscam is under no obligation of confidentiality with respect to such feedback advanced by the user; Tripscam does not undertake or promise for any time bound action upon such feedback as advanced by the user; By providing any feedback to us, you grant us irrevocable, non-exclusive, perpetual, royalty-free, global license to use, modify, publish, develop, distribute and sublicense the Feedback, and you thereby waive all your rights with regard to that Feedback.


NO RELIANCE ON INFORMATION:

Any Content published or posted by the users on the Website is for general information only. Moreover, the content available on this Website is not intended to advice you for doing something or to refrain you from doing something. Tripscam suggests that users may obtain specialist advice before reaching any conclusion. Therefore, the content available on the Website will be the sole responsibility of the user who has posted it and Tripscam undertakes no responsibility for the same. Tripscam even do not undertake any responsibility of the content available on the links to the third party websites. Further, Tripscam will not be liable for any damage occurred from the operation of the links to the third party websites. Tripscam reserves its right to review the content posted by the user and even to remove the same if it’s found to be in violation of the Tripscam’s policy and terms. Tripscam do not warranties or guarantees, whether expressly or impliedly, that the Content available on the Website is accurate, correct and up-to-date.


USER RESPONSIBILITY:

These Terms are the regulations for using this Website and further set your obligations. You agree and confirm to the following responsibilities:

(a) You have to comply with all the obligations set forth in these Terms.

(b) You will not use this Website or its contents for any commercial purpose.

(c) You will not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

(d) You will use the Services rendered by us only for the lawful purposes and will comply with these Terms while using this Website.

(e) You have to provide us with only such information that is true and accurate to the best of your knowledge.

(f) Users of Tripscam undertakes not to publish, circulate or upload any kind of contents of whatsoever in nature which violates Indian Laws or the Laws of the Country they resides in, and not to publish, transmit or upload any content and/or contributions/statements which are defamatory, slanderous, morally offensive, obscene, pornographic, glorify the use of violence, are of an insulting or discriminatory nature. The use will be in Harmony and respecting religious and sentimental values of public at large.

(g) Users undertakes that they will not publish or upload any of the following:-

(a) fraud or false incident report

(b) racist content

(c) defamatory or insulting comments against other users or against Tripscam

(d) unacceptably offensive content

(f) propaganda for unconstitutional, terrorist organisations or political groups

(g) content inciting or inducing others to commit a criminal offence

(h) abuse or derogatory languages or contents to religious communities and ideological groups

(i) insults, calumny and slander

(j) be libellous or maliciously false

(k) constitute negligent advice or contain any negligent statement

(l) be in contempt of any court, or in breach of any court order

(m) contains language and forms of expression which contravene generally accepted standards of decency and professional behaviour

(n) does not relate to a subject under discussion

(h) Users are not legalised to publish, spread or upload contents or statements, testimonials for which they do not possess the compulsory rights (copyrights or other intellectual property rights), or which infringe such rights held by third parties, in particular, patents, copyrights, rights attaching to trademarks and other distinguishing marks, and other rights.

(i) Users further undertake not to input content camouflaged as reports, which is actually promotion of their products or services.


ELECTRONIC COMMUNICATIONS:

By entering this Website or by using its Services, you thereby agree that the mode of communication between you and the Tripscam will be through electronic medium i.e. via E-mails. You further undertakes to agree that all the information provided to you electronically will satisfy all the legal requirements that such communications be in writing. User further agrees and undertakes to provide us their updated contact details and E-mail address in future for any official communication. At time of sending you the email on the email address prevailing on our records, it will be deemed that such email has been sent on your email address once it is reflected to as sent in the outbox of our e-mail id.


YOUR ACCOUNT AND PASSWORD:

If any users enters the Website in order to avail our services, then you have to register with us by creating an account on our Website (“Account”). Tripscam will provide you desired account information in order to access your Account. If any user access this Website after logging into any third party website like Facebook, gmail, twitter, etc. then login information of that third party site shall be considered as the Account Information. Tripscam takes no responsibility to safeguard your account information from any other person, it is impediment on the user to take care of his account information and must not disclose it to the third party. Tripscam do not have any access to your password and it can only be changed by confirming the login information of third party sites like gmail, twitter, Facebook, etc. If any user access any third party website through his Account Information, then he will be solely responsible for any activity carried out on that website.

At the time of entering this Website, you warrant and undertakes that:-

(a) You are over fifteen years of age;

(b) You are of an age as required by the laws of the land to enter into a binding contract, in whichever country you reside;

(c) If you are accessing this Website on behalf of any entity, then you must be fully authorised to do so as it will bind the entity to these Terms and Conditions, in accordance with the laws of the Country in which you reside. You further undertake and warrant that any person under the age of eighteen (18) years must enter this Website and use its services only under the parental guidance. Tripscam reserves its right to change the eligibility criteria any time at its sole discretion and user shall be bound by such criteria time to time. User shall be only responsible for ensuring that these terms are in compliance with all laws as applicable to you and the right to access this Website is revoked where these Terms or use of Services is prohibited, therefore, in such circumstances you warrant not to use or access the Website and our services in any manner. Tripscam reserves its right to disable your access to Account Information at any time with or without any reason, if in our opinion you have failed to comply with the Terms of this Website. If you suspects any time that any other person has accessed your Account Information then you must immediately contact us by sending an email at info@tripscam.com. Tripscam shall not be liable for any unauthorised use of your Account Information as the User shall be responsible to take care of his Account Information.


DISCLAIMER AND LIMITATION OF LIABILITY:

Tripscam gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While Tripscam makes every effort to ensure that the content of the Website is accurate, Tripscam cannot accept liability for the accuracy of all content at any given point in time.

Tripscam makes every effort to ensure that its computer infrastructure is error and virus free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties.

Neither Tripscam nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website

We will not be liable for any loss of profits, sales, business, business opportunity or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation.

Tripscam will put its best endeavours to safeguard that all information on the Website is truthful. If you find any inaccurate information on the Website please let us know by sending an email to Web Services at info@tripscam.com and we will correct it, where we agree, as soon as practicable.

We undertake no warranty or promise or assertion about the content published by any of the users of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice.

We will make every effort to safeguard that our website server/computer setup is error- and virus-free but does not provide any warranty that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks.

Neither Website nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever arising out of or in connection with the use of the Website or information, content or materials included on the Website. We hold no responsibility for any of the following:

(a) loss of revenue;

(b) loss of business;

(c) loss of goodwill;

(d) loss of reputation

(e) loss or damage to or corruption of data

(f) loss of use of money or otherwise,

(g) loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.


DATA PROTECTION:

That any material or data downloaded or otherwise obtained through use of our Services or this Website is procured at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. Moreover, you are hereby called not to do any act or omission causing damage to the data available on the Website which is freely accessible to all its users.


CARRIER RATES MAY APPLY:

By accessing this Website or using our Services through a mobile or other device, you may be subject to charges as applicable by your internet service provider and Tripscam shall not be liable or responsible for such consequential costs or charges thereof.


PAYMENT TERMS:

This Website is made available free of charge to its Users, if the same is accessed in compliance of the Terms and Conditions of this Website.


DEFAMATION CLAUSE:

Tripscam takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or by any third party, or for any loss or damage thereto, nor is Tripscam liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Tripscam is not the author or creator of the third party user generated content, as it is merely an intermediary and is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Tripscam has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Tripscam reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

That any information that is published by any user on this website may not be absolutely correct as we mentioned earlier. The information which is incorrect will be removed by the management subject to any mails or requests made to them. That any information/contents which is defamatory, derogatory in nature published by any of the user against any one including individual, hotels, company, restaurant, coffee shops, area etc will not be the liability of the management. That any of the staff including management of the Website and Website itself is not responsible for any of such conduct. Any user who enters this Website and uploads or posts any such Content shall himself be solely responsible for any of such defamatory information and language. That users does undertakes that they will publish true and correct information and if any content which is defamatory to any persons, company etc then the user who publish or write the continents will be liable for such contents.


WEBSITE SECURITY:

This Website stores all data with the Digital Ocean Web Services which stores this data on its servers located in Bangalore. User hereby acknowledge and assents that the standards followed by the Digital Ocean Web Services are not within the reach and control of Tripscam and are further liable to changes from time to time.


NOTICE TO TRIPSCAM FOR DEFAMATORY CONTENT:

Tripscam operates on a "notice and takedown" basis. If you have any complaints or objections regarding any material or content including User Messages and Incident Reports posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please complete the procedure as mentioned below:-

If any user considers any Statement or Incident Report which is true and reflect honest opinion to be a negative report, then it usually does not forms basis of defamation. User is advised to carefully assess the Statements or Reports or you may even take legal advice before instituting any claim against any user, as a false claim may even expose you to liability.

Tripscam reserves its right to gather your personal information in order to clarify the basis of your claim. It is pertinent to mention herein that Tripscam cannot be held responsible to identify defamatory content whereby you have failed to provide relevant facts and information in lieu of the same. Any personal information as advanced by you will be treated in accordance with our Privacy Policy and these Terms, therefore, it is advisable to review this before sending any personal data to us.

If any person wishes to send a notice to Tripscam informing about any alleged defamatory content posted on this Website, then please complete the ‘Notice to Tripscam for Defamatory Content’ as per the format and send the signed sealed copy to the grievance officer on the address of the Company. Tripscam ensures to make all reasonable efforts to remove illegal content within the reasonable time as soon as this procedure has been followed by the aggrieved person.


GRIEVANCE OFFICER:

As per the Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below. If any aggrieved person is having any concern, complaint or grievance with respect to any of the content, information or data on the Service, then he may contact us and we will study the matter and will take such appropriate action as we deem fit and proper in the said circumstances.

Ms. Pooja Gupta
Trip Scam Solutions Private Limited
A-373A Palam Vihar
Gurgaon, Haryana, India -122017

Tel: +91-124-4250893
E-mail: grievance@tripscam.com
Timings: 10 AM to 5 PM IST


INDEMNIFICATION:

To the maximum extent permissible under the applicable laws of the land, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and conditions, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party to the maximum extent available under the applicable law of the land.


RELEASE AND WAIVER:

To the maximum extent permissible under the applicable laws of the land, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising therefrom or in any other way related to your use of our Website. In addition, you undertake and warrant to expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the maximum extent permitted by law.

If we fail to insist you to perform your obligations under these Terms, or if we do not enforce our rights against you for the said breach within the reasonable time, then it doesn’t mean that we have waived off our right against you or you do not have to comply with those obligations. If Tripscam do waive a default made by you, then it will be done only in writing, and it will not be construed as we will automatically waive any later default on your part.


BREACH OF THESE TERMS AND CONDITIONS:

Tripscam reserves its right to discontinue or terminate services provided to the user on this Website on account of breach of any of the covenants of its terms and conditions. Moreover, on account of the said breach legal action may also be taken against that user under the laws of the land.


JURISDICTION AND GOVERNING LAW:

It is to be noted that this Website, its terms and conditions, its subject matter and its formation are governed by the laws of the Republic of India. The Courts established at New Delhi will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms and Conditions made applicable on you by us and you will consent to the jurisdiction and venue of such Courts and your any objection of inconvenient forum will be waived off.

That the contents may be published from any country or for any particular place the cause of action of the same will be treated as New Delhi, India and City courts will have the jurisdiction.

That it is accepted by the users that in order to resolve the issues the Arbitration proceedings under Arbitration and Conciliation Act, 1996 will be initiated first.


TERMINATION:

Tripscam reserves the right to refuse to continue providing you with access to our Website if we discover that you have been found in violation of these terms and conditions or any of its covenants. This Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Website from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws.


OPT-OUT REQUEST:

If you do not agree with any of the covenant of these Terms or wish to opt out of such covenant, please write to us with subject “Opt-out Request” at info@tripscam.com. You thereby undertake and warrant that you will not be entitled to use this Website or its Services unless your Opt-out Request is accepted by us in writing.


SERVICE HELP:

For answers to your queries regarding services provided by us, complaints and/or giving any feedback, deactivate your account, delete your content you visit our Help Centre page. You may contact us at info@tripscam.com for any further queries or service help.