Welcome to the Terms of Service for the RoadtripsCo web application. This is an agreement ("Agreement") between the Road Trips Co ("RTC" or "We"), the owner and operator of theroadtrips.co (the "WebApp" or "Website" or "Site" or "Service"), and you ("you" or "your" or "user(s)"), a user of the WebApp.
Throughout this document, the words "RTC," "us," "we," and "our," refer to our company, the RoadtripsCo and our webapp – theroadtrips.co. Your ability to submit or transmit any information through our Site or Service will be referred to as "Content" throughout this Agreement.
RTC curates interesting roadtrips which users can join after paying for the required charges. It also enables users and travelers plan a road trip online with interesting places along the routes, connect with hotels, check for rest rooms, check road conditions, connect with fellow travelers, share trip itineraries. This information may be provided via third parties or via our own database.
Our Service is to be used for general planning purposes. Although we strive to provide the most accurate maps and information possible, we cannot guarantee that any use of our Service will result in any desired results for you. We cannot guarantee that all locations are accurate on our maps. We use third party data like Google Maps amongst others and although their data is generally accurate, errors may occur. Please do not rely on our Service or App at the risk of your safety or the safety of others. You understand that our App does not show what is actually taking place in front of you. Any alerts are merely visualizations of data from our Service, they may not reflect actual circumstances. Predicted journey distance, arrival times, routes, gas prices, and points of interests are all estimates. We do not make any guarantees as to time of arrival, distances, destinations, or locations found on our App or Service
You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by RTC.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RTC with respect thereto, and agree to indemnify and hold RTC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against RTC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
At RTC we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive service that only hosts Content generated by users; we do not alter or produce any Content submitted. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to. You can report an abuse of this to [email protected]
By submitting any Content to our Service you understand that this Content may be viewable by the public. You agree that you are solely responsible for any Content or information posted. Therefore, it is recommended that any Content you store or submit to our App and Service be tasteful and up to community standards.
We reserve the right to alter or update our App at any time. We may conduct such modifications to our WebApp for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands.
We make an WebApp available on our Site at no cost. We grant you a non-commercial personal, non-exclusive, revocable, limited license to use our Site. You acknowledge that we maintain all right, title, and interest in our WebApp. This means you cannot sell our WebApp services anywhere else, reverse engineer or otherwise attempt to copy our WebApp, or try and make money off of it without our express written permission. We offer our WebApp for free, and you must abide by these provisions. You must not copy or download our Website in a manner prohibited by this section. You obtain no ownership rights when you use our WebApp, but are instead being given a license to use the App within the confines of this Agreement.
When using our Service, you are responsible for your use of RTC, and for any use of RTC made using your device. You also agree that your use of RTC is for personal non-commercial use. You agree not to access, copy, or otherwise use RTC, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by RTC. Examples of inappropriate uses of RTC include but are not limited to:
You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated "scraping";
You will not use any automated system, including but not limited to robots, spiders, offline readers, etc., to access the Site or the Service in a manner that sends more request messages to RTC servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that RTC grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, App, or Service;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the Service;
You will not collect or harvest any personally identifiable information, including account names, from the Service or App;
You will not access the Site or Service through any technology or means other than those provided or authorized by the WebApp;
You agree to act within the bounds of common decency when using our Site;
You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
You agree to use our App only in a safe manner and in compliance with all traffic laws;
You agree that you will not hold RTC responsible for your use of our WebApp;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to RTC;
You agree not to interfere with or disrupt the Site, App, or Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation and you are responsible for such violations;
You will not use our WebApp to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party's website, such as by requesting its removal from a search engine;
You will not upload any Content to our Site or App that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but RTC reserves the right to suspend or terminate any account at any time without notice or explanation.
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. We cannot guarantee that the WebApp will work as advertised, or that it will give you the desired results.
Any refunds for hotels, cars or other ancillary services purchased must be processed through the third party service provider whoever it maybe during the case.
Our site or service are offered "as-is", including any errors, bugs or other technical issues. You agree that while using our service, your results may vary and you may not achieve any desired results. We expressly disclaim all warranties either express or implied. Our service may not be fit for a particular purpose and may not work or be applicable where you reside. We make no representations or warranties as to the reasonable skill and care invested in our service, satisfactory quality of our service, merchantability of our service or that our service is non-infringing. Furthermore, we do not warrant that the functions contained in the site or service will meet any requirements or needs you may have, that the site or service will operate error free or in an uninterrupted fashion, that any defects or errors in the site or service will be corrected, or that the site or service is compatible with any particular platform. RTC is not obligated to provide you access to our site and service. In the event of any problem with the site or service, you agree that your sole remedy is to cease using the site or service. In the event of any problem with any products purchased through our site and service, you agree that your sole remedy, if any, is through this agreement.
In no event shall RTC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) your use or inability to use the software, app, website or our services errors, mistakes, or inaccuracies of content, (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site or service, (iii) any interruption, misinformation, incomplete information, or cessation of transmission to or from our software to you, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, (v) any failure of any third party information listed on our site and service, including any failures or disruptions whether intentional or unintentional or (vi) any errors or omissions in our site or service for any loss or damage of any kind incurred as a result of your use of our site or service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree our total liability to you is not more than INR 5,000 (in Indian National Rupee) or the total amount you spent while using our site within the last three months, whichever is greater.
You agree to defend, indemnify and hold harmless RTC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the RTC Site and Service;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any of your Content caused damage to a third party
This defense and indemnification obligation will survive this Agreement and your use of the RTC Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable lawyers' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
RTC is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our App and Service is void where prohibited.
The design of the RTC Service along with RTC created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to RTC, subject to copyright and other intellectual property rights under Indian, foreign laws and international conventions. RTC reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us an email to [email protected] which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
RTC and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and App and please do not submit any information to us.
This Agreement shall be governed by the laws in force in the state of Maharashtra, India. The offer and acceptance of this contract is deemed to have occurred in the state of Maharashtra.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Thane, Maharashtra.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, RTC shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded. Cancellation may result in the immediate deletion of any Content that you have submitted to RTC. Although, your Content may not be accessible we may keep such Content for a RTC commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
The communications between you and RTC use electronic means. Support maybe provided over voice for certain users. In such a case, the agreement shall be held as applicable in the court of law. However, for contractual purposes, you (1) consent to receive communications from RTC in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that RTC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
RTC strongly believes in a sincere and transparent approach to its community users. You can file a grievance / share feedback through the Contact Us page, email, snail mail or by calling us.