Welcome to Launchtrip. These Terms of Service, together with the Privacy Policy (collectively, the “Agreement”), govern your relationship with Launchtrip Technologies Inc. (“Launchtrip”, “we”, “us”, “our”). This Agreement governs your use of the website www.launchtrip.com, our mobile apps and any other digital platforms owned or maintained by Launchtrip, which allow you to register, search and book accommodations, restaurant reservations, and other products and services with our Third-Party Suppliers (defined below), share your experience, and interact with us and other participants (collectively, the “Services”). By visiting or using the Services, you expressly acknowledge and agree that you are entering into a legal agreement and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, you are not permitted to access or use the Services.
Any new features or tools that are added to the Services shall also be subject to this Agreement. You can review the most current version of the Agreement at any time on this page. We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes to our Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
You represent and warrant that you are of legal age and otherwise competent to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable right to: (i) use the Services in connection with events you participate in; (ii) use the Services on a mobile telephone, tablet, computer or device (each, a “Device”) that you own or control; and (iii) access and use the Services on that Device in accordance with this Agreement. We reserve the right to refuse our Services to anyone for any reason at any time.
You agree not to, and shall not permit any third party to: (i) license, redistribute, sell, lease, lend or rent the Services; (ii) disassemble, reverse engineer, decompile or decrypt or attempt to derive the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any documentation or data related to the Services; (iii) copy, modify, improve or create derivative works or features or a competitive product to the Services or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vi) use any communications systems provided by the Services to send unauthorized and/or unsolicited commercial communications; (vii) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement; (viii) use the Services to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (ix) use the Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (x) submit false or misleading information through the Services; (xi) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (xii) use the Services to collect or track the Personal Information of others; and/or (xiii) spam, phish, pharm, pretext, spider, crawl, or scrape any portion of the Services. We reserve the right to terminate your use of the Service or any related website for violating any of these restrictions or any other breach of this Agreement.
To use some of the Services features, you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. You acknowledge and agree that information you provide in the course of creating an Account, joining an event community, registering for an event, or otherwise in connection with your use of the Services, including but not limited to, name, email address, phone number, physical address, and employer, may be provided to and maintained by us, whether or not you complete the registration process, and may be used by us in connection with the event or future events or other products and services. In order to create an Account and make bookings through the Services, you must be at least 18 years old.
By registering for an Account and becoming an account holder (“Account Holder”), you may search for, select, and book accommodations, restaurant reservations, and other products and services with and through third-party vendors and suppliers (“Third-Party Suppliers”) using the booking facilitation tools in the Services. Payment for accommodations and services booked with Third-Party Suppliers may be by traditional payment forms. Examples of Third-Party Suppliers that we partner with include Travelport Hotelzon for booking accommodations and Resy for making restaurant reservations. By booking accommodations and services facilitated through the Services, you agree that your booking will be governed by this Agreement and all applicable terms and conditions imposed by the Third-Party Suppliers. You further agree that you will only use the Services to make legitimate bookings for yourself or those for whom you are legally authorized to act. When you book an accommodation or service facilitated by the Services, we will collect the relevant booking information and payment and transmit the booking information (either directly or through one or more third parties) to the relevant Third-Party Supplier to complete and fulfill the transaction. Third-Party Suppliers are solely responsible for fulfilling completed bookings.
You acknowledge that Launchtrip pre-negotiates rates with certain Third-Party Suppliers to facilitate the booking of accommodations and other service reservations. You also acknowledge that Launchtrip provides you services to facilitate such bookings of reservations for a fee (the “Facilitation Fee”). You authorize Launchtrip to book reservations for the total reservation price, which includes the rate displayed to you on our Services, plus tax recovery charges, the Facilitation Fee, and where applicable, taxes on the Launchtrip services. You agree that your credit card may be charged by Launchtrip for the total reservation price. Upon submitting your reservation request, you authorize Launchtrip to facilitate reservations on your behalf, including making payment arrangements with Third-Party Suppliers.
When booking with a group of friends or family (“Group”), the Group organizer (“Group Organizer”) will initiate the booking, establishing the date(s) and time(s) of reservations. Once the Group Organizer books the reservations, the Group Organizer may invite other individuals in the Group (“Group Members”) to join the booking by SMS text message from the Group Organizer's phone contacts. The Group Members will then be allowed to register or login to Launchtrip, view the booking details, and make payment through Launchtrip for their equal shares of the total reservation price (“Shares”). After the Group Organizer initially makes the booking, the reservations will be held for 48 hours (“Holding Period”) while the Group Members make payment for their respective Shares of the total reservation price. If all or some of the Group Members do not make payment for their Shares at the end of the Holding Period, the balance of the unpaid Shares will be charged to the Group Organizer's designated payment method. The Group Organizer hereby acknowledges that, following initiating of a booking, the Group Organizer may be required to pay for multiple unpaid Shares of the total reservation price after the expiration of the Holding Period. In such event, the Group Organizer's sole recourse for recouping the costs of unpaid Shares will be directly with Group Members and not with Launchtrip.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Launchtrip does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid reservations are a recovery of the estimated tax (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Launchtrip pays to Third-Party Suppliers for taxes due on the Third-Party Supplier's fee for the accommodations or services they provide. Third-Party Suppliers invoice Launchtrip for certain charges, including tax amounts. Third-Party Suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Launchtrip does not act as a co-vendor with Third-Party Suppliers with whom we book or reserve our Account Holders' accommodations and activities. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Launchtrip to Third-Party Suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the accommodations or services by our Account Holders. We retain a Facilitation Fee as compensation in servicing your bookings. The Facilitation Fee retained by Launchtrip for its services may vary based on the amount and type of reservation.
When you make a booking with a Third-Party Supplier, you agree to review and accept the relevant Third-Party Supplier's booking terms and conditions, privacy policy and other terms and conditions governing access to and use of the Third-Party Supplier's facilities and services. We have no responsibility or liability for the acts, omissions, errors, representations, warranties or breaches of any Third-Party Supplier or for any personal injuries, death, property damage or other damages or expenses suffered or incurred from your contact with any Third-Party Supplier.
Account Holders who make bookings with Third-Party Suppliers located outside Canada or the United States are advised to consult the relevant embassy, consulate or other government authority for appropriate entry requirements and documentation.
The price of your booking may be converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card may be slightly different due to currency fluctuations. If you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
You agree to provide current, complete and accurate purchase and account information for all bookings you make. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you want to cancel a booking, you must notify us in writing. Cancellations by you may result in charges and may entitle you to refunds of, or credits for, amounts previously paid by you depending on the timing of your cancellation and the cancellation policy of the applicable Third-Party Suppliers. Cancellation policies will vary by Third-Party Supplier and are determined solely by the Third-Party Supplier. Upon receipt of your cancellation notice, we will (a) refund any previously paid amount still held by us (and not yet paid to Third-Party Suppliers on your behalf); (b) notify the applicable Third-Party Suppliers; and (c) work with you over a reasonable period (not to exceed 2 weeks) to pursue any available refund or credit issued by such Third-Party Suppliers.
You acknowledge and agreed that we have no responsibility or liability for (1) refunding amounts paid to a Third-Party Supplier on your behalf and that any such refund or credit shall be provided solely by the Third-Party Supplier and (2) advice or direction that we may provide with regard to the refunds or credits, including, without limitation, the value of credits for the viability of Third-Party Suppliers that provide them. You further agree not to seek to avoid credit card charges (i.e., chargebacks) for refunds or other amounts that you are not otherwise entitled to receive under the terms of this Agreement. Cancellation terms and conditions may be found on Launchtrip's Services and/or your booking confirmation.
Should you wish to cancel a booking and re-book an alternative, we will consider this a cancellation and you may owe Third-Party Suppliers the cancellation charges set forth in this section.
The Facilitation Fee for our services is subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Services is void where prohibited.
Certain features or functionality (“Features”) of the Services may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (as defined below). If you do not provide or make such Location Data accessible, then the Features may be limited or not operate.
Mobile text or other messages may be sent to you using an automatic telephone dialing system or other technology provided by a third-party service (“Messaging Service”). Your consent to receiving autodialed marketing text messages or other messages is not required as a condition of purchasing any goods or services from us. If you have opted in, the Messaging Service provides updates, alerts, information, promotions, specials, and other marketing offers from Launchtrip via text messages through your wireless provider to the mobile number you provided or via email messages to the email address you provided. Message frequency varies.. For Messaging Service support or assistance, text HELP to 1-888-521-4141 for Canada and 1-888-521-4588 for U.S or email support@launchtrip.com. Any email marketing messages we send you will contain similar unsubscribe options as well. Your use of the Messaging Service shall be considered part of the Services and subject to these Terms of Service during the period in which you subscribe to the Messaging Service.
We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
We may change any short code or telephone number we use to operate the Messaging Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Messaging Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Messaging Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service.
10.1 The Services enable you to view, access, link to, interact with, visit, and otherwise use third party content and tools that are not owned or controlled by us (“Third Party Content”).
10.2 We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights (as defined below) of, or relating to, any Third Party Content. You always have the choice to decide whether or not to view or use Third Party Content. Your interaction with and reliance upon, any Third Party Content is at your sole discretion and risk.
10.3 We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a third party source and in no way shall be responsible or liable to you in connection with Third Party Content.
10.4 Your use of the Services may require the use of websites operated by third parties, including without limitation websites operated the Third-Party Suppliers. When you leave our Services, your access and use of these third-party websites will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. We expressly disclaim any responsibility for the accuracy, content or availability of information found on these sites, including without limitation, the websites of the Third-Party Suppliers. We make no representations or warranties as to the security of any information (including credit card information) that you may be requested to provide on a third-party website and you irrevocably waive any claims against Launchtrip, its officers, directors, representatives, employees and agents with respect to such third-party websites.
The Services may permit you to send messages (including via email) to us or to other Services users (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide right to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that your Messages will not be infringing on any third party right, including Intellectual Property or privacy rights. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 8 (User Comments, Feedback and Other Submissions) below shall also apply to Messages that you send via the Services.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send or share creative ideas, suggestions, feedback, comments, reviews, testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You hereby grant Launchtrip a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any Comments provided by you or any other party relating to Launchtrip on or in any and all media (now known or hereafter developed) as Launchtrip deems necessary to its business.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. You agree to indemnify, defend, and hold harmless Launchtrip and, if relevant, its vendors, agents, associates, and/or partners against any liabilities, damages, demands losses, claims, costs, fees (including legal fees), and expenses in connection with any third-party legal proceeding to the extent arising from your Comments.
13.1. Removal of Content. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), please be advised that we enforce a policy that provides for the termination of users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the DMCA:
13.1.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
13.1.2. A description of the copyrighted work you claim has been infringed;
13.1.3. A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
13.1.4. Your address, telephone number and email address;
13.1.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
13.1.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
13.2. Counter-Notification. If you believe that the material you posted was removed from the Services by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must include substantially the following (please consult your legal counsel or Section 512(g)(3) of the DMCA to confirm these requirements):
13.2.1. Your physical or electronic signature;
13.2.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
13.2.3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
13.2.4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest, or any Intellectual Property Rights relating thereto, in the Services or any related content.
“Intellectual Property Rights” mean all rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
The Services and related Intellectual Property Rights are owned by Launchtrip, its subsidiaries, affiliated companies, business partners, and/or third-party licensors, and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly authorized by Launchtrip, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of Launchtrip's Intellectual Property Rights.
We will use any personal information that we may collect or obtain in connection with the Services in accordance with our Privacy Policy, which is incorporated into this Agreement, and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
We are not responsible if information made available on the Services by Third-Party Suppliers is not accurate, complete or current. Any reliance on information provided by Third-Party Suppliers is at your own risk and is governed by the terms and conditions of that Third-Party Supplier. The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.
Occasionally there may be information in our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking request).
We undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
17.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
17.2. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, BE UNINTERRUPTED, TIMELY, MEET YOUR EXPECTATIONS, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICES. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
17.3. IF YOU HAVE A DISPUTE WITH ANY THIRD-PARTY SUPPLIER OR ANY OTHER SERVICES USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
17.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
18.1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL LAUNCHTRIP, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SIMILAR DAMAGES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL FACILITATION FEES PAID BY YOU TO LAUNCHTRIP FOR THE SERVICES OR TRANSACTION/S THAT GAVE RISE TO THE LIABILITY.
18.3. Launchtrip will have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and will have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
You agree to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services, including but not limited to your Comments or Messages; (ii) your violation of this Agreement; and (iii) your violation of any law or third party right, including without limitation any Intellectual Property Right or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at our own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
20.1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Services; and/or (ii) terminate this Agreement and your use of the Services with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.
20.2. Upon termination of this Agreement, you shall cease all use of the Services. Section 12 (User Comments, Feedback, and Other Submissions), Sections 14 (Intellectual Property Rights), 15 (Privacy), 17 (Warranty Disclaimers), 18 (Limitation of Liability), 19 (Indemnity), 25 (Governing Law and Disputes), and 26 (General) shall survive termination of this Agreement.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms of Service. Please note that additional and/or different terms and conditions of use may apply to media, contests, competitions, or services provided through one or more of our Third-Party Suppliers or business associates, and you should refer to those terms and conditions before using any such media, contests, competitions, or services.
Launchtrip may provide services through a mobile app (the “App”), including but not limited to an App developed for the Apple Inc. (“Apple”). The App is considered an extension of the Services, is included in the definition of such, and is subject to these Terms and our Privacy Policy.
By downloading our Apple App, you agree to the following terms in this section:
(a) You acknowledge that these Terms are entered into between you and Launchtrip and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
(b) The license granted to you under these Terms is a non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. Your use of the App is subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Services.
(c) You acknowledge that Launchtrip, and not Apple, is responsible for providing the Service and any content thereof.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
(f) Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Apple and Launchtrip, Launchtrip, and not Apple, is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Services fail to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(g) Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(i) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with our Services.
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Vancouver, Canada, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
This Agreement, and any other legal notices published by us in connection with the Services, shall constitute the entire agreement between you and us concerning the Services. In the event of a conflict between this Agreement and any other communication, the terms of this Agreement shall prevail. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. A party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us by our Contact Use page here: https://launchtrip.com/contact.
Last updated: September, 2021