Destinate app LLC (“us”, “we” or “our” as the context requires) is a service that provides friend based travel recommendations, and other travel related services (the “Destinate Services”) to users throughout the world via our websites, apps and other platforms (the “Destinate platforms”).
Destinate is not a travel agent and is not responsible for providing any of the travel options or products (such as flights or hotels).
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the Destinate Services and/or Destinate Platforms and you will be deemed to have accepted any amendments if you continue using the Destinate Services and/or Destinate Platforms after the amendments are displayed.
If you do not accept all of these Terms then you should not use the Destinate Services or Destinate Platforms.
You may only use the Destinate Services and Destinate Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use the Destinate Services and/or Destinate Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:
a) use the Destinate Services and/or Destinate Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Destinate; or (v) you do not otherwise have any rights or the permissions you need to make available;
b) use the Destinate Services and/or Destinate Platforms for any commercial purpose or in any manner which may cause damage to Destinate or bring Destinate into disrepute;
c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Destinate Services and/or Destinate Platforms, except as permitted by law;
d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Destinate Services and/or Destinate Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Destinate Services and/or Destinate Platforms;
e) use or interfere with the Destinate Services and/or Destinate Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
f) introduce onto, or transmit via, the Destinate Services and/or Destinate Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
g) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Destinate Services and/or Destinate Platforms or any part thereof.
Where you sign up to any feature of, or use, the Destinate Services and/or Destinate Platforms that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can.
To the extent that any element of the Destinate Services and/or Destinate Platforms is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
To the extent that the Destinate Services and/or Destinate Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Destinate or other Destinate users (“User Content”), you agree that:
a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the licence referred to in paragraph (b) below in respect of;
c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby irrevocably assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Destinate Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to Destinate. You acknowledge that by using the Destinate Services and/or the Destinate Platforms, you will not acquire any right, title or interest in or to Destinate Services and/or Destinate Platforms or in or to the Intellectual Property Rights except for the limited licence to use the Destinate Services and Destinate Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Destinate Services and/or Destinate Platforms in source-code form.
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Destinate Services and/or Destinate Platforms, please send a written notification of such infringement by contacting us.
Your use of the Destinate Services and/or Destinate Platforms is entirely at your own risk. We provide the Destinate Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the Destinate Services and Destinate Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
Destinate is not a travel agent and is not responsible for providing any travel options. Any Third Party Travel Products which you find and/or book via the Destinate Services and/or Destinate Platforms are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”).
These Terms set out the full extent of Destinate’s obligations and liabilities in respect of the Destinate Services and Platforms.
Destinate has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Destinate Services and/or Destinate Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via Destinate, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Destinate. Where the Destinate Services and/or Destinate Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Destinate Services and/or Destinate Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the Destinate Services and/or Destinate Platforms or any content contained provided therein.
Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your access to, use of, or inability to access or use, the Destinate Services and/or Destinate Platforms shall be limited to the sum of $25 (one hundred dollars).
Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or the Destinate Group Companies, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the Destinate Services and/or Destinate Platforms or breach of these Terms.
Destinate may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account, and removing any User Content you have uploaded to the Destinate Services and/or Destinate Platform. Destinate may suspend your use of the Destinate Services and/or Destinate Platforms in whole or in part without notice at any time, for example to prevent you from uploading any User Content, without incurring any liability to you whatsoever.
You acknowledge that your unauthorized use of the Destinate Services and/or Destinate Platforms may result in irreparable damage and injury to Destinate and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Destinate Services and/or Destinate Platforms.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Destinate Services and/or Destinate Platforms.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please contact us.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use the Destinate Services and/or Destinate Platforms, to the extent permitted by law these Terms and your use of the Destinate Services and/or Destinate Platforms shall be governed in accordance with the laws of New York to resolve any disputes which may arise hereunder.
If you require further information about Destinate or have any suggestions concerning how to improve the Destinate Services and/or Destinate Platforms, please contact us.