Terms and Conditions

Terms and Conditions of Trotteo

Latest update: September 07, 2021

 

These Terms govern

  • the use of Trotteo, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

 

The User must read this document carefully.

The following User Agreement (the “Agreement”) governs the use of the website and mobile application Trotteo (the “App”, “Application”, “Service”), for the creation of travel itineraries, the use of travel monitoring and alerts, and any additional services, whether free or provided on a paid subscription basis, as provided or made available to individuals by Trottr Private Limited (“we”, “us” or “our”).

Trotteo is provided by Trottr Ltd. Trottr is a company registered in Malta with registration number C96663. Company contact email: [email protected]

Please read the terms and conditions contained in this Agreement carefully. Your use of and/or registration with the Service will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the Service.

Trotteo reserves the right to modify or replace this Agreement at any time and in Trotteo’s sole discretion. We will indicate the date the Agreement was last updatedat the bottom of this document. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Service following the posting or effective date of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service.

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice.

Although the entire contractual relationship relating to this App is entered into solely by Trottr and yourself, you acknowledge and agree that, where Trotteo has been provided to you via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Registration and Account Creation

Registration Information

Trotteo requires that you register and/or set up an account to use the Service. You will be required to enter an email and other registration information (collectively, the “Registration Information”), such as name, surname, date of birth, home city, and country. By registering, Users agree to be fully responsible for all activities that occur under their username and password. You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by editing your customer profile on the Service.

Maintenance of Registration Information

If you register and/or set up an account on the Service, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Service by you and anyone you allow to access the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

Security and Mobile Use Precautions

If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you must promptly change the affected Registration Information and notify Trotteo by sending an email to [email protected]

Service Modification and Availability

Trotteo has the right to modify the Service at any time without notice, including adding or removing features or functionality.

To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, we may also decide to suspend or terminate the Service altogether. If the Service is terminated, we will cooperate with all users to enable you to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the our reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts etc).

Termination or Suspension of Access to the Service

Trotteo has the right, at its sole discretion, to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

The suspension or deletion of your account shall not entitle you to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

Use of the Service

All information shown, including but not limited to images, names, surnames, dates of birth, vaccination date, vaccine product, vaccine doses, disease details, test results, test dates, test centres, test issuers, certificate issuers, recovery validity, certificate identifiers, manufacturers and countries, are for personal use only and are provided “AS IS” with no warranty or guarantees of any kind, expressed or implied, including but not limited to, fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, of lack of negligence, and non-infringement, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product.

In no event shall the company be liable for any claim, indirect or consequential damages, or any other liability, including but not limited to loss of privacy, faith or of reasonable care, negligence, pecuniary or any other loss whatsoever, whether in an action of contract, fault, tort or otherwise, arising from, out of or in any way related to the use of or inability to use the product.

Personal and Lawful Use Only

Unless otherwise specified, Trotteo grants you a limited right to use the Service for your personal, non-commercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not do, nor attempt to do, any of the following with respect to the Service, except as expressly authorised in writing or otherwise provided by Trotteo: a. access the Service in a manner or through an interface not provided or authorised by Trotteo, including but not limited to, any automated means (e.g., scripts or bots); b. reproduce, duplicate, copy, sell, trade, or exploit the Service; and c. republish or syndicate the information available on the Service

The software or any of its derivatives are licensed for personal use only. The software or any of its derivatives whatsoever cannot be used in any other setting, institution, or organisation, including but not limited to commercial, industrial, non-profit, governmental purposes, and is not entitled to use in conjunction therewith any other software, service, product or otherwise.

Use by Children

The Service is not intended for users under the age of 18, and Trotteo does not knowingly collect personally identifiable information from or about individuals under the age of 18, and users are expressly prohibited from submitting personally identifiable information about individuals under 18 to us; any such information submitted by users will not knowingly be used, posted, or retained by us.

User Conduct

You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Privacy Policy

We may collect registration, payment, and other information about you through the Service. Our collection and use of this information is described in our Privacy Policy. You agree to our data practices, including the collection, use, transmission and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information within the EU and other countries/regions, regardless of where you use the Service. You acknowledge that the laws, regulations, and standards of the country/region in which your information is stored or processed may be different from those of your own country/region.

To learn more about the use of your Personal Data, you may refer to the privacy policy of Trotteo.

Intellectual Property

Ownership and Control

Without prejudice to any more specific provision of these Terms, all trademarks — nominal or figurative — and all other marks, content, organization, graphics, text, images, video, design, compilation, advertising, logo, and all other material on the Service, appearing in connection with Trotteo, including without limitation, the “look and feel” of Trotteo’s website and mobile App, are and remain, the exclusive property of Trottr or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Trotteo holds and reserves all intellectual property rights for any such content. You may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

User Content

User Responsibility

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You acknowledge and accept that Trotteo does not filter or moderate such content.

You understand and agree that Trotteo may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to Trotteo.

The removal, deletion, blocking or rectification of content shall not entitle you that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. You agree to hold Trotteo harmless from and against any claim asserted and/or damage suffered due to content you provided to or provided through Trotteo.

Content License

When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary to facilitate the transmission, posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Trotteo and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that Trotteo may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

Content Ownership

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

No Waiver

Unless where otherwise specified or clearly recognizable, all content available on Trotteo is owned or provided by Trottr.

The Service undertakes its utmost effort to ensure that the content provided on Trotteo infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. Our failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

User Feedback

If you provide Trotteo with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Trotteo, (b) Trotteo shall be able to use and share such Feedback without your consent, only if Trotteo does not use your first and last name, (c) if you give prior consent, Trotteo shall be able to use and share such Feedback while including your first and last name, (d) Trotteo owes you no obligation or compensation whatsoever regarding the Feedback, and (e) Trotteo may already have contemplated or be contemplating the same or similar ideas as your Feedback.

Compliance with Laws and Agreement

You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.

Software License

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Trotteo are held by Trottr.

Subject to your compliance with and notwithstanding any divergent provision of these Terms, Trotteo merely grants you a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Trotteo and the Service offered.

This license does not grant you any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is Trottr’s sole property.

All rights and license grants to you shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license you may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

We reserve the right to release updates, fixes and further developments of Trotteo and/or its related software and to provide them to you for free. You may need to download and install such updates to continue using Trotteo and/or its related software.

You may download, install, use and run the software on unlimited devices. However, it may not be permitted to run the software on more than one device at a time.

Indemnification

You agree to indemnify Trotteo and its employees, agents, representatives and third-party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

Liability Disclaimer And Limitation Of Liability

You acknowledge that you are using the service at your own risk. The service is provided “as is”. To the maximum extent permitted by applicable law Trotteo and its third-party service providers hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.

Trotteo and its third-party service providers do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service.

Trotteo does not warrant the accuracy or completeness of any information included in any itinerary or other information created or provided through the service or obtained from third party hotels, airlines or other travel suppliers. Users are solely responsible for ensuring the accuracy of all information provided to the service and Trotteo shall undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in such itineraries. The hotels, airlines, and other travel suppliers providing travel or other services to you are independent contractors and not agents or employees of Trotteo. Trotteo’s display through the service of travel information of, or ability to connect accounts with, such third parties does not constitute any sponsorship or approval by Trotteo of such supplier. Your interaction with such suppliers is at your own risk. Trotteo will have no liability for the acts or omissions, representations or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Trotteo has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control.

To the maximum extent permitted by applicable law, Trotteo shall not be liable to you or any third parties for any indirect, special, consequential or punitive damages related to the services, including any reliance on content or information in the services. Regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain disclaimers such as the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, in which case certain disclaimers or limitations may not apply to you. You may also have other rights that may vary by jurisdiction.

Governing Law

This Agreement, including any disputes in court or arbitration, will be governed in all respects by the laws of Malta as they apply to agreements entered into and to be performed entirely within Malta between Maltese residents, without regard to conflict of law provisions.

In the event of a dispute, you must first send to Trotteo, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Trotteo should be sent to the following email: [email protected] The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Trotteo will send any Notice of Dispute to you to your address or email address on file. User and Trotteo will attempt to resolve any dispute through informal negotiation within thirty (30) days of the date of the Notice of Dispute. If no resolution is reached, either party may then commence arbitration.

User and Trotteo agree that any dispute arising out of or relating in any way to the Service or this Agreement shall be determined by binding arbitration instead of in courts of general jurisdiction, except as set forth below. User and Trotteo agree that this arbitration agreement extends to the determination of the scope or applicability of this agreemesent to arbitrate. User and Trotteo are each waiving the right to a trial by jury or to participate in a class action.

Document Changes

Trotteo reserves the right to modify or replace this Agreement at any time and in Trotteo’s sole discretion. We will indicate at the top of this Agreement the date it was last updated. Any changes will be effective immediately upon posting the revised version (or such a later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Service following the posting or effective date of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service.

General Provisions

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and the User does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

This Agreement is written in the English language. If any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

 
 

Definitions and legal references

Trotteo (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Owner (or We)

Indicates the natural person(s) or legal entity that provides Trotteo and/or the Service to Users.

Product

A good or service available for purchase through Trotteo, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by Trotteo as described in these Terms and on Trotteo.

Terms

All provisions applicable to the use of Trotteo and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Trotteo.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.