TERMS AND CONDITIONS
The present Terms and Conditions (the “Terms””) applies to your access to, and use of the website, mobile app, emails, and other online products and services (the “Services”) provided by “IT TRAVEL LP” (“Octripus”).
The Terms are presented to you when you create an Account, and they are available whenever you access the Services. If you don’t accept them, you may not access or use our Services.
Access to the services
By using the Services, you state that:
- (A)
You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services.
- (B)
You can form a binding contract with Octripus, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.
- (C)
You are not barred from using the Services under all applicable laws.
- (D)
You have not been permanently suspended or removed from the Services.
If you accept these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Privacy
Privacy Policy of Octripus explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
Use of the Services
If you complete and comply with the Terms, Octripus provides you a personal, non-transferable, non-exclusive, revocable, limited license to:
- (A)
Install and use a copy of our mobile application associated with the Services, which you downloaded from a marketplace on a mobile device owned or controlled by you.
- (B)
Access and use the Services.
Octripus reserves all rights not expressly granted to you by the Terms.
Without our written consent you may not:
- (A)
License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content.
- (B)
Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content.
- (C)
Access the Services or Content to build a similar or competitive website, product, or service.
We may add or remove features, products, or functionalities, therefore, we reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to the Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Your Account and Account Security
To use certain features of our Services, you may be required to create an Octripus account (the “Account”) and provide us with a username, password, and certain other information about yourself according to the Privacy Policy.
You are responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Octripus if you reveal or suspect that someone has accessed your Account without your permission.
You will not license, sell, or transfer your Account without our prior written approval.
Rights and Ownership
The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no liability for, and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights that you have in Your Content, but you provide Octripus the following license to use that Content.
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Octripus. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Octripus or our Services that you provide to us are entirely voluntary, and you agree that Octripus may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for us.
Limitations of using the Services
When you are using or accessing Octripus, you must comply with these Terms and all applicable laws, rules, and regulations. According to the Services you may not do any of the following:
- (A)
Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
- (B)
Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
- (C)
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
- (D)
Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights.
- (E)
Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Octripus.
- (F)
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Octripus or any payment system.
We encourage you to report content or conduct that you believe violates the Terms. To report any breach of intellectual rights please contact us: “Development@octripus.com”.
Paid Services and Payment Information
We provide a subscription on the Services (the “Subscription”). We may change the fees or benefits associated with the Subscription from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Subscription. Notwithstanding the foregoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Subscription. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. All transactions are final, and we do not refund or credit for partially used billing periods.
Intellectual Property
The Services are owned and operated by Octripus. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (the “Materials”) provided by Octripus are protected by intellectual property and other laws.
Materials included in the Services are the property of Octripus or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing the Subscription.
Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties, or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
- (A)
The Services are provided “as is” and “as available” without representations, warranties, or conditions of any kind, whether express, implied, legal, or statutory, including, but not limited to, implied warranties of merchantability, title for a particular purpose, and non-infringement. Octripus does not warrant that the Services are accurate, complete, reliable, current, or error free. Octripus does not control, endorse, or take responsibility for any content available on or linked to the Services or the actions of any third party or user. While Octripus attempts to make your access to and use of our services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components.
- (B)
Octripus is not liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to the Terms, including those arising from or relating to content that is available on the services that is alleged to be defamatory, offensive, or illegal.
- (C)
Octripus does not take any responsibility or liability if third parties infringe your intellectual property rights by copying content from our platform without your consent.
- (D)
Access to, and use of, the Services is at your discretion and risk, and you will be the only person liable for any damage to your device or computer system or resulting loss of data.
- (E)
The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort, negligence, strict liability, or otherwise.
Governing Law and Venue
If you have an issue or dispute, you agree to raise it and try to resolve it with us by a way of negotiations. You can contact us with feedback and concerns here “Development@octripus.com”.
The Terms are governed by the law of Lithuania.
Any claims arising out of or relating to the Terms, or the Services will be governed by the law of Lithuania; all disputes arising out of the Terms, or the Services will be brought solely in the state court at the place of our legal incorporation.
Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services.
By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason.
Miscellaneous
The Terms and the Privacy Policy constitute the entire agreement between you and Octripus regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
The Terms are a legally binding agreement between you and Octripus. If you have any queries, please contact us.
IT TRAVEL LP
Suite 4054 Mitchell House, 5 Mitchell Street, Edinburgh, Scotland, EH6 7BD