Tripcook's Terms of Service
1. General Provisions1.1 When signing up for any services of Tripcook you explicitly agree to all terms and conditions provided in below Terms of Service (TOS). The TOS are not exhaustive and Tripcook reserves the right to add, remove, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to tripcook.com or notification of the modified TOS. Any complaints about a user's violation of the TOS should be sent to un appropriate section mentioned under Contacts
1.2 Except when expressly agreed to the contrary in writing by an authorized representative of Tripcook, this TOS supersedes any other agreement with Tripcook, whether written, oral, by conduct, or otherwise.
2. Indemnification2.1 Tripcook customers agree to protect, defend, hold harmless, and indemnify Tripcook, any third party entity related to Tripcook (including, without limitation, third party vendors), and Tripcook executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Tripcook services. Disclaimer 2.2 The Tripcook service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tripcook expressly disclaims any representation or warranty that the Tripcook service will be error-free, secure or uninterrupted. No oral advice or written information given by Tripcook, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Tripcook and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
3. Limitation of Liability3.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL TRIPCOOK (INCLUDING, WITHOUT LIMITATION, TRIPCOOK'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Tripcook'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR TRIPCOOK SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Tripcook SERVICES EVEN IF Tripcook HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Tripcook'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR TRIPCOOK'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY TRIPCOOK OR TRIPCOOK'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
4.1 Tripcook may discontinue, upgrade, replace, modify, or change in any way, without limitation, any section, feature, function, data, or portions or components thereof, used to provide customers with Tripcook services. Certain changes to Tripcook features and services may affect the operation of customers' personalized content. Each customer is solely responsible, and Tripcook is not liable, for any and all such personalized data and content, except as expressly agreed to by Tripcook.
5. Storage of data
5.1 Tripcook keeps user's data (such as profile data, products, articles etc.) on our website, in the file system and in databases on its server. Tripcook is responsible for preservation of such data only to the extent guaranteed by the hosting service provider which is chosen by Tripcook. In the event of data loss or corruption, Tripcook cannot be held liable for any loss or damage, nor made responsible for the restoration of such data.
6. Governing Law and Severability6.1 The TOS, and any other agreement for Tripcook services, will be governed by and construed in accordance with the laws of the Seychelles Republic, without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Tripcook will take place in the Seychelles Republic, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Tripcook agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
7. Independent Contractors7.1 Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Tripcook and its customers. Each of Tripcook and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
8. Billing & Renewal Terms
Below Tripcook lists out a complete and detailed description for our billing terms applied to Paid Members.
8.1 Tripcook offers free and paid services on its website. The full description is available here: Membership.
8.2 The paid services are available to Members who purchased the appropriate level of membership.
8.3 The minimal period of time for which membership is purchased is ONE YEAR. If desired, a member may purchase longer periods of Membership; for this purpose, Renewal link in the Personal Account must be used. Such longer periods are always a multiple of ONE YEAR, that is, it can be TWO OR THREE whole years. You CANNOT purchase smaller periods of membership, such as 3 or 6 or 9 months, for example.
8.4 If a member chooses to upgrade to the next level of Membership while his/her previous membership is still unexpired, the remaining number of days will be added to the new membership period.
8.5 A purchased membership cannot be degraded.
6.6 A recurring fee can be charged from the Member if s/he has chosen such option during the payment process with a specific payment processor who allows such option.
8.7 Tripcook uses its Refunds Policies in dealing with return and refund of member funds. The minimal period of time for which membership is purchased is ONE YEAR. If desired, a member may purchase longer periods of Membership; for this purpose, Renewal link in the Personal Account must be used. Such longer periods are always a multiple of ONE YEAR, that is, it can be TWO OR THREE whole years.
9. Revisions of TOS
Any revisions to the terms of service will be come effective when posted on this page unless otherwise noted. In the event you do not agree to the modifications in the terms of service please contact us immediately to cancel your account or services.