Welcome to the Tripifini.com website or mobile properties and related applications (collectively this "Site") which is owned and operated by Bokengo, Inc., a Delaware corporation doing business as Tripifini ("Tripifini", "we" or "us"). This Site is provided solely to assist individuals in gathering travel information, searching for and connecting with travel operators, tour operators offering travel services, posting opinions, community, selling on travel related experiences, for booking travel requests, for tracking customers' travel history. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this "Agreement"), govern your access to and use of the Site including any content, functionality and services offered on or through the Site whether as a guest or a registered member. The term "you" refers to the individual visiting the Site and/or contributing content on this Site.
This Site is offered and available to users throughout the world who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Bokengo and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Changes to this Agreement
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Dispute Resolution will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. Your continued use of the Site following the posting of revised Agreement means that you accept and agree to the changes.
Booking Service Policy and Other Terms and Conditions
All purchases through our Site or other transactions for the booking of trips formed through the Site or as a result of visits made by you are governed the terms herein.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.
By making a reservation or booking through Bokengo's booking service, you enter into a direct (legally binding) contractual relationship with the Operator (the Operator) with whom you book. From the point at which you make your inquiry, Bokengo acts solely as an intermediary between you and the Operator, transmitting the details of your request to the Operator, sending you a confirmation email for and on behalf of the Operator. The information disclosed on the Site or relayed to the user through messaging tools or email regarding each tour experience is based on the information provided to Bokengo by the underlying provider of the tour or travel service. Bokengo cannot guarantee that all information is accurate, complete and correct, nor can Bokengo or our affiliates be held responsible for any errors (including typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Site or otherwise), inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to the details of the tour including photographs of locations, hotels, tours, hotel property descriptions, and lists of hotel property amenities) or non-delivery of information. Each Operator remains responsible at all times for the accuracy, completeness and correctness of the tour information (including the rates, availability, and taxes) displayed on our Site or otherwise submitted to the customer via messaging tools provided on the site or routed via email through Bokengo customer service personnel.
Each tour or trip on the Site may have multiple prices depending on a number of factors, including season (high versus low), capacity, demand, occupancy, fuel prices, currency conversions or other factors. For example, a typical trip may be priced as follows:
- High Season 1: May to October (double occupancy) USD 1,936
- Low Season 1: November to April (double occupancy per person) USD 1,742
Although we make best efforts to publish and provide accurate pricing, the final price may only be confirmed after the Operator responds to the booking request and confirms the prevailing costs of all itinerary items. Prior to booking your reservation, a total price (including taxes and fees) will be displayed. When you complete your booking, you authorize Bokengo to book the reservation on your behalf for the total stated price. All charges are shown in United States dollars unless otherwise stated. The tour or travel pricing displayed on the Site is a combination of the tour pricing provided to Bokengo by the Operator for the tour you reserve and a platform fee retained by Bokengo to compensate us for our services. As stated above, prices are subject to change and may change at any time prior to receipt of your booking confirmation and your first payment. Unless otherwise noted in writing by the Operator, all bookings are considered final only upon receipt of 100% of the trip payment price and final confirmation from the Operator which shall generally be provided within 5 business days of payment. The “taxes and fees” amount displayed includes an estimate of transaction taxes (e.g. sales and use, occupancy, excise and value added tax), government fees and other charges that the tour operator must remit to the government for your reservation. The type of tax charged by the Operator may change at any time. Please contact the Operator directly as to whether any additional taxes, service fees or charges apply. In the event a tour experience is listed at an incorrect price or with incorrect information, Bokengo and/or the Operator retain the right to refuse or cancel your reservation whether or not the order has been confirmed. If available, we will offer you the opportunity to keep your pending reservation at the correct price or will cancel your reservation without penalty.
Travel Operator/Tour Operator or Service Provider Terms and Conditions
You agree to abide by the terms and conditions of a purchase imposed by a travel operator, tour operator or service provider with whom you elect to deal, including payments of all amounts when due and compliance with the travel operator’s or tour operator’s rules and restrictions regarding availability and use of products and services.
Trip prices are generally submitted by Operators in the local currency of their country (the Local Currency Price). For convenience of our users the Site converts prices to other currencies including US Dollars, Euros and British Pounds (the Converted Price). The actual price of the trip is the Local Currency Price and therefore the Converted Price may vary from day to day as currency rates change. Bokengo reserves the right to update prices to account for exchange rate fluctuations at any time prior to 100% payment. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary until full payment is made. Currency quotes may not be updated on an hourly basis. The information supplied on this Site is believed to be accurate, but Bokengo does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use, and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Charged in US dollars
Any cancellation by a Client must be made in writing and be acknowledged by Tripifini and the Operator in writing. The date on which the request to cancel is received by the Local Tour Company or Tripinifi will determine the cancellation fees applicable. Unless otherwise defined by the Operator, all bookings made on on the Site or via Tripifini customer support are subject to the following cancellation and refund policies:
- Cancel 90 days or more prior to the departure date, 75% of the total trip priceis refundable
- Cancel 45 days to 89 days prior to the departure date, 50% of the total trip price is refundable
- Cancel within 45 days of the departure date, no refunds provided.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice (except when required by law or as stated in this Agreement). We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered members.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of this Agreement and comply with them.
If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bokengo, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement permits you, a consumer, to use the Site for your personal, non-commercial use only. If you are a travel operator, tour operator or travel agent you agree that additional terms and conditions as agreed to in writing by you and us in a separate written agreement shall apply to your use and access to the Site.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may share travel itineraries, travel plans and other travel related information that is available on the Site with your friends and families for their own personal, non-commercial use.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- We provide social media features with certain content, and you may take such actions as are enabled by such features and as authorized by you in your account settings with Bokengo or with the social media provider such as Facebook.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Bokengo. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate U.S. copyright, trademark, and other laws.
Bokengo’s name, the terms “Bokengo”, Bokengo’s logo and all related names, logos, product and service names, designs and slogans are trademarks of Bokengo or its affiliates or licensors. You must not use such marks without the prior written permission of Bokengo. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards as set out in this Agreement.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Bokengo, Bokengo’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Bokengo or users of the Site or expose them to liability. Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Site.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in this Agreement. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By submitting material to the Site, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or warrant that the owner of such material has expressly granted, to Bokengo, our subsidiaries, affiliates, contractors, and licensees, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by Bokengo and other authorized parties; you agree to allow use of your name and city on the Site and in publicity or advertising without compensation; and you understand and agree that Bokengo shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Bokengo, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or Members of the Site or the public or could create liability for Bokengo.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BOKENGO AND ITS AFFILIATES, LICENSEES. TRAVEL OPERATORS, TOUR OPERATORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BOKENGO OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or a third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of our Interactive Services on the Site or our mobile application. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Bokengo to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other members, users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Bokengo, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Bokengo. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party Sites to certain content on this Site.
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.
You may use these features solely as they are provided by us and solely with respect to the content that are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Site that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of this Agreement.
The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. If you decide to access any of the third-party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
We provide this Site for use by persons located throughout the world. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK.
THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BOKENGO NOR ANY PERSON ASSOCIATED WITH BOKENGO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BOKENGO NOR ANYONE ASSOCIATED WITH BOKENGO REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOKENGO AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY BOKENGO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU ACKNOWLEDGE THAT BOKENGO DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BOKENGO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR SERVICES, OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. BOKENGO DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL SERVICES AND TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, BOKENGO EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
BOKENGO DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
BOKENGO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY BOKENGO VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES BOKENGO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BOKENGO OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
BOKENGO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A MEMBER OR USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWNTIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BOKENGO, ITS AFFILIATES, ITS LICENSORS OR A MEMBER OR USER’S OWN ERRORS AND/OR OMISSIONS.
BOKENGO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER OR MEMBER INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM TRAVEL OPERATORS OR COMPANIES LISTED ON BOKENGO SUCH AS (BUT NOT LIMITED TO) HOTELS, TOURS, TRANSFERS AND VOUCHERS. THE MEMBER OR USER IS AWARE THAT THE TRAVEL OPERATORS OR COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO BOKENGO AND BOKENGO HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
BOKENGO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO CIRCUMSTANCE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL BOKENGO OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BOKENGO CONTENT OR RELATED SERVICES (COLLECTIVELY THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THORUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE TRAVEL OPERATORS, TOUR OPERATORS OR SERVICE PROVIDERS ON THE SITE ARE SEPARATE BUSINESS ENTITIES AND ARE OPERATING AS INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF A TRAVEL OPERATOR, TOUR OPERATOR OR SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, YOU AGREE THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE TRANSACTION FEES ASSESSED BY BOKENGO LESS FEES PAID TO THE TRAVEL OPERATOR, TOUR OPERATOR OR SERVICE PROVIDER FOR YOUR TRANSACTION ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Bokengo shall not be liable for damages or losses that may result from travel to such destinations. Bokengo urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, BOKENGO DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
You agree to defend, indemnify and hold harmless Bokengo and the Covered Parties (defined above) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
Dispute Resolution and Governing Law
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Site between you and Bokengo and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
All matters relating to the Site and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.
Waiver and Severability
No waiver of by Bokengo of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bokengo to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Your Comments and Concerns
This Site is operated by Bokengo, Inc. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to firstname.lastname@example.org.