1. Introduction

These Terms govern the use of TripSpread.com and any other related Agreement or legal relationship with the TripSpread. These Terms apply to all visitors, Users, Members, and others who wish to access or use the Service.

Unless otherwise specified, Terms generally apply when using TripSpread.com. Single or additional conditions of use or access may apply in specific scenarios and, in such cases, are additionally indicated within this document.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages and apps.

You must read this document carefully. By accessing and using TripSpread.com and/or Services, You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing  mail@tripspread.com so we can try to find a solution.

To register an account and use TripSpread.com, you must be at least 18 years old.

"TripSpread.com" refers to

• this website, including its subdomains and any other website through which TripSpread makes its Service available;
• the Services provided by TripSpread.

TripSpread.com is provided by:

SIA TripSpread
Aristida Briāna street 18A, Riga, Latvia LV-1001

TripSpread’s contact email: mail@tripspread.com

Capitalized words are defined in the relevant dedicated section at the end of this document.

2. Services

TripSpread offers the following services:

1. Platform for Crafters, Artists, and Producers:

   • TripSpread provides a platform for crafters, artists, and local producers to showcase their unique creations.

2. Interactive Map Feature:

   • The platform includes an interactive map feature, allowing users to discover and connect with sellers based on their geographical location.

3. Event and Workshop Promotion:

   • Sellers on TripSpread can promote workshops, craft markets, exhibitions, and other events, providing additional visibility and opportunities for engagement.

4. Global Audience Connection:

   • TripSpread facilitates the connection between sellers and a global audience, enabling crafters and artisans to reach customers beyond their local regions.

5. Free Website Listing:

   • Sellers can enjoy a free listing on the TripSpread website, eliminating upfront costs and making it accessible for local businesses to showcase their talents.

6. Visibility Enhancement:

   • The platform aims to enhance the visibility of local sellers, making it easier for customers, including domestic and global travelers, to discover and connect with them.

7. Community Building:

   • TripSpread fosters a sense of community among crafters and artists, providing opportunities for collaboration, networking, and mutual support.

8. Targeted Marketing Strategies:

   • The platform employs targeted marketing strategies to reach specific customer segments interested in the products and crafts sellers offer.

9. Inclusive Platform:

   • TripSpread aims to be an inclusive platform, providing opportunities for sellers from various backgrounds and communities to showcase their talents.

2.1 User accounts

2.1.1 Account registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause the Service to be unavailable.

You may register for an Account using Your email and creating a password, or by using your existing third party networking accounts that are enabled by TripSpread now or in the future such as Google, or Facebook, Twitter or others, if any.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by TripSpread.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the TripSpread via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

2.1.2 Conditions for account registration

Registration of User accounts on TripSpread.com is subject to the conditions outlined here. By registering, Users agree to meet such conditions.

• User must be at least 18 years old.
• Accounts registered by bots or any other automated methods are not permitted.
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

2.1.3 Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on TripSpread.com.
• By directly contacting TripSpread at the contact details provided in this document.

2.1.4 Account suspension and deletion

The TripSpread reserves the right, at its sole discretion, to suspend or delete at any time and without notice User accounts that it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees.

 

2.3 Payments

The TripSpread website offers a subscription plan.

These Subscription Terms and Conditions ("Terms") govern the use of subscription plans provided by TripSpread ("we," "us," or "our") on the TripSpread platform. By subscribing to any of our plans, you agree to comply with these Terms.

1. Subscription Plans:

• Basic Plan:

  • Description: List up to 10 products. Free to add pop-ups and shops.
  • Cost: Free of charge.
  • Duration: Ongoing until canceled.

• Advanced Plan:

  • Description: List up to 50 products, including a prominent pin on the map. Free to add pop-ups and shops.
  • Cost: €2 per month.
  • Duration: Automatically renews monthly unless canceled.

• MAX Plan:

  • Description: List up to 100 products, including a prominent pin on the map. Free to add pop-ups and shops.
  • Cost: €5 per month.
  • Duration: Automatically renews monthly unless canceled.

2. Payment and Billing:

• All payments are processed securely through our designated payment gateway Stripe.
• Subscription fees are billed in advance on a monthly basis.
• Users will be charged automatically on the renewal date unless the subscription is canceled.

3. Subscription Cancellation:

• Users can cancel their subscription at any time by accessing their account settings on the TripSpread platform.
• Cancellation requests must be made before the next billing cycle to avoid being charged for the upcoming month.

4. Refunds:

• Subscription fees are non-refundable.
• Refunds will not be provided for partial months or unused portions of a subscription.

5. Changes to Subscription Plans:

• We reserve the right to modify, suspend, or terminate subscription plans, features, or pricing at our discretion.
• Subscribers will be notified of any significant changes in advance.

6. Termination:

• We reserve the right to terminate a subscription at any time due to a breach of these Terms or any violation of our platform policies.

7. Governing Law:

• These Terms are governed by and construed in accordance with the laws of Latvian Jurisdiction.

8. Contact Information:

• For questions, concerns, or assistance regarding subscriptions, contact us by email: mail@tripspread.com.

2.6 Prohibited products

TripSpread prohibits dealing of the following products between the Buyers and Travellers, and the following list is not exhaustive:

• (i) arms and explosives;
• (ii) bullet-proof clothing;
• (iii) toy guns, pistols, revolvers, and items of similar nature;
• (iv) weapons, spears, swords, knives and items of similar nature;
• (v) firecrackers and other combustible items;
• (vi) pharmaceutical products;
• (vii) medical devices and instruments;
• (viii) poisons;
• (ix) counterfeit items;
• (x) live animals, reptiles and insects and carcasses;
• (xi) plants of any kind;
• (xii) phonographic materials; and
• (xiii) perishable items.

Travellers are to always comply with customs regulations. It is the Traveller's responsibility to familiarize himself in advance with the rules for importing goods into each respective country. Please see https://europa.eu/youreurope/citizens/travel/carry/index_en.htm regarding bringing goods into European Union. Please take into consideration, that there are some goods you can move between Member States in limited quantities – as alcoholic beverages, tobacco, coffee, and soft drinks. You may be required to pay import duties. In addition, there may be restrictions regarding bringing in specific types of food in different countries. For example, it is forbidden to import meat and dairy products into European Union. Please read applicable rules of each country before crossing the border.

All customs, exercise tax and duties that are incurred must be paid by the Traveller unless otherwise stated by TripSpread.

2.7 Prohibited actions

Regardless of whether you access or use the TripSpread.com with or without an account, by accessing, searching on or using the TripSpread.com in any way, you agree that will not:

• (i) Use another person’s Account, to misrepresent yourself, your identity or qualifications or transactions;
• (ii) Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to you or to your relationship with other Members or to any Product.
• (iii) Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the TripSpread.com or content thereon for any purpose without TripSpread’s prior written approval;
• (iv) In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate TripSpread.com information or content including but not limited to, use on a mirrored, competitive, or third-party site;
• (v) Transmit more request messages through the TripSpread.com in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
• (vi) Take any action that (a) may unreasonably encumber the TripSpread’s infrastructure; (b) interferes or attempts to interfere with the proper working of the TripSpread.com or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the TripSpread.com; (d) circumvents, disables or otherwise interferes with security features of the TripSpread.com; (e) distributes viruses or any other technologies that may harm TripSpread or users; (f) uses the TripSpread.com in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the TripSpread.com;
• (vii) As a Member, use the TripSpread.com in any manner that circumvents Your obligation to pay TripSpread or another Member;
• (viii) “Stalk,” or harass or intimidate any other Member or user of the TripSpread.com and/or Services; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the TripSpread.com, or use the communication systems provided by the TripSpread.com for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes;
• (ix) Recruit, solicit, or contact in any form Members for employment or any other use not specifically intended by the TripSpread.com;
• (x) Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the TripSpread.com, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
• (xi) Violate any TripSpread policies that govern or relate to your use of the TripSpread.com and Services and interactions with you and third parties;
• (xii) Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by TripSpread and which relate to Members;
• (xiii) to fail to perform as agreed upon by Members;
• (xiv) Engage in fraudulent conduct including but not limited to entering into a relationship with another Member to obtain Products with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring Products that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude your arrangement off the TripSpread.com or to circumvent or evade the TripSpread.com or to evade any other requirement of these Terms;
• (xv) Registering for more than 1 (one) Account or registering for a Account on behalf of an individual other than yourself or transferring or purporting to transfer your Account to any other person.
• (xvi) Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the TripSpread.com; and
• (xvii) Attempt to indirectly undertake or achieve any of the foregoing.

3. Communication

3.1 Our notifications

During use of Service, we may send you notifications related to such use of Service (so called transactional notifications). We may provide with options in your User profile to choose what kind of notifications you can receive.

We may also occasionally send you promotional emails related to our Service. However, you may opt out of receiving any, or all, of promotional and marketing communications from us by following the unsubscribe link or by emailing at mail@tripspread.com.

3.2 Communication with us

To communicate with us you should use TripSpread.com or means of communication provided on TripSpread.com.

3.3 Communication with other users

You should only use messaging system on TripSpread.com to communicate with other Members regarding purchase and delivery of Products.

4. Content on TripSpread.com

Unless where otherwise specified or clearly recognizable, all content available on TripSpread.com is owned or provided by the TripSpread or its licensors.

The TripSpread undertakes its utmost effort to ensure that the content provided on TripSpread.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

4.1 Rights to TripSpread’s content

The TripSpread holds and reserves all intellectual property rights for any content on TripSpread.com.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on TripSpread.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on TripSpread.com, the User may download, copy and/or share some content available through TripSpread.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the TripSpread are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

4.2 Content provided by Users

The TripSpread allows Users to upload, share or provide their own content to TripSpread.com.

By providing content to TripSpread.com, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

4.3 Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on TripSpread.com they grant the TripSpread a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of TripSpread.com as contractually required (including but not limited to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through Service).

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to TripSpread.com.

Users acknowledge, accept and confirm that all content they provide through TripSpread.com is provided subject to the same general conditions set forth for content on TripSpread.com. Users agree that this license includes the right for TripSpread to make content available to other Users of Service, who may also use this content subject to these Terms.

Users are solely liable for any content they upload, post, share, or provide through TripSpread.com.

Users acknowledge and accept that the TripSpread may filter or moderate such content in a preventative manner. However, TripSpread is not obligated proactively to do so.

Therefore, the TripSpread reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to TripSpread.com to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the TripSpread and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the TripSpread harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through TripSpread.com.

4.4 Access to external resources

Through TripSpread.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the TripSpread has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on TripSpread.com Users may see advertisements provided by third parties. The TripSpread may not control or moderate the advertisements displayed via TripSpread.com. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

The TripSpread is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

5 Acceptable use

TripSpread.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of TripSpread.com and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the TripSpread reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to TripSpread.com or the Service, terminating contracts, close User’s account, reporting any misconduct performed through TripSpread.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights (including, but not limited to intellectual property rights);
• considerably impair the TripSpread’s legitimate interests;
• offend the TripSpread or any third party (e.g., by exposing them to inappropriate content, or promoting discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age etc.);
• encourage anyone to commit any unlawful or criminal act or condone any unlawful or criminal act;
• transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
• impersonate or attempt to impersonate TripSpread, a TripSpread employee, another user, or any other person or entity;
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend TripSpread or Users of Service or expose them to liability.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• 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 Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify TripSpread’s rating.
• Otherwise attempt to interfere with the proper working of Service.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

7. Liability and indemnification

7.1 All users

If you choose to access to and/or use the TripSpread.com, Content, Products and/or Services, you do so at your OWN RISK. TripSpread.com and Services are provided on an “AS IS” basis without warranty of any kind from TripSpread, either express or implied.

By using the TripSpread.com or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TripSpread with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Deal made by you.

TripSpread disclaims any and all warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any and all warranties arising from the access, usage or dealing in relation to the TripSpread.com, Content, Products and/or Services.

Without limiting to the generality of the foregoing, you understand, acknowledge and agree that TripSpread is only to facilitate the availability of the TripSpread.com for the purpose of the Services and:

(a) that : (i) TripSpread does not own, manage or control the Collective Content and the condition, legality or suitability of any Deal; (ii) TripSpread is not the owner, purchaser, seller, retailer, merchandiser or distributor of any of the Products and is not the broker or agents to any of the Buyers or Travellers and is not a participant to any of the services offered and/or dealings between the Members (which services and dealings must be in accordance with these Terms and Conditions); (iii) TripSpread is not an insurance, shipping, transportation, travel service provider or financial centre; and (iv) TripSpread does not sell, purchase, rent, lease, produce, manage, represent, warrant or furnish any guarantee as to any of the Products, the services and dealings between the Members;

(b) that : (i) TripSpread does not represent or warrant on the quality, accuracy, timeliness, truthfulness, completeness and/or reliability in relation to or arising from or posted on or obtained from the Site, Application, Collective Content and/or the Services; (ii) TripSpread does not endorse any Member or any authenticity of any business entity; (iii) although users (including the Members) are require to provide the correct and accurate information, TripSpread does not verify or confirm the information or identity of the users (including the Members) and does not have an obligation to conduct any background checks on the users (including the Members), but may do so only at its sole and absolute discretion for its own personal record and use; (iv) TripSpread does not represent or warrant as to the conduct of users (including the Members) of the TripSpread.com, Content and/or the Services or their compatibility with any current or future users; (v) you shall take all reasonable care and precautions and shall be solely responsible to determine the identity and suitability of the other users (including the Members) when accessing to and/or using the TripSpread.com or in relation to the Content or Services; (vi) you shall be solely responsible and liable to all your communications and interactions with the other users (including the Members) of the TripSpread.com or in relation to the Content or Services, in particular if you decide to meet up with any of the user in person whether or not such meeting(s) is/are organised by or though TripSpread (which TripSpread is not obliged to do so);

(c) that : (i) TripSpread does not represent or warrant that the TripSpread.com, Content and/or Services will meet your requirement or be available on an uninterrupted, secure and error-free basis; (ii) TripSpread does not represent or warrant that the TripSpread.com, Content or Services will be free from any corruption, attack, viruses, interference, hacking or other security intrusion; (iii) you shall be solely responsible to protect and back-up your computer, mobile phone and any other electronic gadgets against any and all corruption, attack, viruses, interference, hacking or other security intrusion arising from the access to or use of the TripSpread.com, Content or Services and you shall be solely responsible thereto without any damages or compensation from TripSpread in any manner whatsoever; and

(d) that TripSpread’s Content and any advice in relation to the Products, its pricing and others as provided by TripSpread (whether oral or written) on the TripSpread.com and/or in relation to the Services shall only be use as a guide and shall not be binding on TripSpread as against the user (including the Members) in any manner whatsoever and shall not be deemed as a representation or warranty (whether express or implied) of any kind by TripSpread.

(e) TripSpread reserves the right, at its sole discretion, to modify the TripSpread.com or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. By continuing to access or use the TripSpread.com or Services, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the TripSpread.com and Services.

7.2 Australian Users

7.2.1 Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the TripSpread’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

7.3 US Users

7.3.1 Disclaimer of Warranties

TripSpread.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the TripSpread expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from TripSpread or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the TripSpread, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The TripSpread does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the TripSpread shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The TripSpread cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

7.3.2 Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the TripSpread, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the TripSpread’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the TripSpread, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the TripSpread hereunder in the preceding 12 months, or the period of duration of this agreement between the TripSpread and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

7.3.3 Indemnification

The User agrees to defend, indemnify and hold the TripSpread and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

8. Common provisions

8.1 No Waiver

The TripSpread’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

8.2 Service interruption

To ensure the best possible service level, the TripSpread reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the TripSpread may also decide to suspend or terminate the Service altogether. If the Service is terminated, the TripSpread will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the TripSpread’s reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts etc.).

8.3 Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of TripSpread.com and of its Service without the TripSpread’s express prior written permission, granted either directly or through a legitimate reselling program.

8.4 Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of TripSpread.com.

8.5 Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to TripSpread.com are the exclusive property of the TripSpread or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with TripSpread.com are, and remain, the exclusive property of the TripSpread or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

8.6 Changes to these Terms

The TripSpread reserves the right to amend or otherwise modify these Terms at any time. In such cases, the TripSpread will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the TripSpread.

If required by applicable law, the TripSpread will specify the date by which the modified Terms will enter into force.

8.7 Assignment of contract

The TripSpread reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the TripSpread.

8.8 Contacts

All communications relating to the use of TripSpread.com must be sent using the contact information stated in this document.

8.9 Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

8.9.1 US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the TripSpread with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

8.9.2 EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

8.10 Governing law

These Terms are governed by the law of Republic of Latvia, without regard to conflict of laws principles.

8.10.1 Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

8.11 Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Republic of Latvia in Riga.

8.11.1 Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

8.12 Surviving provisions

This Agreement shall continue in effect until it is terminated by either TripSpread.com or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licenses under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

9 Definitions and legal references

9.1 Platform

Refers to the TripSpread online marketplace operated by TripSpread.

9.2 User or Visitor

Refers to any individual or entity accessing or using the services, features, or content provided on the TripSpread platform.

9.3 Content

Encompasses all information, data, text, images, graphics, videos, or other materials available on the TripSpread platform.

9.4 Subscription Plans

Refers to the Basic Plan, Advanced Plan, and MAX Plan, each offering different features and benefits as outlined in the Subscription Terms and Conditions.

9.5 Pop-ups and Shops

Refer to the online storefronts and promotional events that users can create and manage on the TripSpread platform.

9.6 Terms or Website Terms and Conditions

Refers to this document, outlining the terms and conditions governing the use of the TripSpread website, including subscription plans.

9.7 Platform Policies

Refers to the rules and guidelines set forth by TripSpread governing the use of the TripSpread platform, including but not limited to content policies, code of conduct, and community guidelines.

9.8 Privacy Policy

Refers to the document outlining how TripSpread collects, uses, and protects user information on the TripSpread platform.

9.9 Governing Law

Refers to the laws of the jurisdiction specified in the Website Terms and Conditions that govern the interpretation, validity, and enforcement of these.

9.10 Payment Gateway

Refers to the third-party service or services utilized by TripSpread to process payments for subscription plans.

9.11 Cancellation Policy

Refers to the rules and procedures outlined in the Website Terms and Conditions regarding the cancellation of subscription plans.

9.12 Termination

Refers to the actions outlined in the Website Terms and Conditions, allowing TripSPread to cease providing services to users in the event of a breach of these terms or other violations of platform policies.

Latest update: May 09, 2022