Terms for Suppliers -

Terms for Suppliers

Terms for Suppliers

Jintravel, Inc. (“Jintravel,” ”we,” “us,” or “our”) offers an online platform where people can buy tours and excursions from Suppliers - local travel companies and guides  from all over the world (collectively with the Site (each as defined below), “Platform”). 

The Platform is accessible at the jintravel.com and any other websites through which Jintravel makes the Platform available (collectively, “Site”) and any related applications (“Application”). By using the Platform as a Supplier, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), These Terms govern your access to and use of the Site and Platform, and all Collective Content (defined below) and constitute a binding legal agreement between you and Jintravel.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Please carefully read these Terms, our Privacy Policy, and our General Terms and conditions located at https://jintravel.com/, each of which is incorporated by reference into these Terms. If you do not agree to these Terms or any of the above mentioned documents, you have no right to obtain information from or otherwise continue using the Platform. 

If there is a conflict between Terms and conditions and these Terms, the latter will take precedence with respect to your use of or access to the Platform, or Collective Content.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SUPPLIERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR TOURS (DEFINED BELOW) AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH TOURS.

YOU UNDERSTAND AND AGREE THAT JINTRAVEL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND TRAVELERS, NOR IS JINTRAVEL AN AGENT OR INSURER. JINTRAVEL HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, TRAVELERS, AND OTHER USERS OF THE PLATFORM OR ANY TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

YOU ALSO UNDERSTAND AND AGREE THAT JINTRAVEL IS AN ADVERTISING WEB SERVICE / MARKETPLACE AND NOT A TRAVEL AGENCY, TRAVEL PLATFORM PROVIDER, OR TRAVEL OPERATOR.

We may make changes to these Terms from time to time. If so, we will post the changed Terms on the Site and Application and will indicate on this page the date the Terms were last revised. You understand and agree that your continued use of the Application or Site after we have made any such changes constitutes your acceptance of the new Terms.

 

Key Terms

“Supplier” means travel companies, travel guides or authors of tours who wish to take advantage of Jintravel Platform and sell their tours on the Site and/or Application by creating a Listing

“Traveler” means a User who requests a booking of a Tour via the Platform, or a User who participates in a Tour and is not the Supplier for such Tour

“Listing” means an activity or Tour that is listed by a Supplier as available for booking via the Platform. 

“User” means a person who completes Jintravel’s account registration process, including, but not limited to Suppliers and Travelers, as described under “Account Registration” below

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials

“User Content” means all Content that the User posts, uploads, publishes, submits, or transmits to be made available through the Platform.

“Collective Content” means User Content and Jintravel Content

“Service Fee” means a 20% fee (in other word - commission) from the total amount paid by Traveler to Jintravel in order to book their place in a tour. Jintravel takes Service fee beforehand by online payment. The rest of amount is paid directly to the Supplier by Traveler when tour starts.

“Tax” or “Taxes” mean any sales taxes, value-added taxes (VAT), goods and services taxes (GST), and other similar municipal, state, and federal indirect or other withholding and personal or corporate income taxes

“Jintravel Content” means all Content that Jintravel makes available through the Platform, including all content on the Application and Site, including, but not limited to text, graphics, designs, pictures, video, information, software, music, sound and other files, their selection and arrangement, and any Content licensed from a third party, but excluding User Content

 

Modification

Jintravel reserves the right, at its sole discretion, to modify the Platform at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Platform or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform.

 

Eligibility

The Platform can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, and booking of tours and activities with Suppliers in accordance with the Listing or a separate agreement between Supplier and Traveler containing terms of travel, stay, and any other terms relating to the tour (“Tours”). Such Tours are included in Listings on the Platform by Suppliers. You may view Listings as an unregistered visitor of the Platform; however, if you wish to create a Listing, you must create a Jintravel Supplier Account in https://partners.jintravel.com

As stated above, Jintravel makes available a platform or marketplace with related technology for Travelers and Suppliers to meet online, write reviews, search, compare, and arrange for bookings of Tours. Jintravel is not an operator of tours, activities, or other Tours, nor is it a provider of Tours or activities and Jintravel does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour, or travel services.

Jintravel’s responsibilities are limited to facilitating the availability of the Platform and serving as the limited agent of each Supplier to book place in a tour and accept prepayments (which is the 20% of total price - Jintravel’s Service fee) from Travelers.

PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE THE BOOKING OF TOURS. JINTRAVEL MAY CREATE AND CHANGE SOME RULES FOR CREATING TOURS PROPERLY IN PLATFORM. JINTRAVEL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY TOURS. JINTRAVEL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. 

 

Account Registration

Suppliers who wish to take advantage of Jintravel services and sell their tours on the Site or Application need to create an account (“Jintravel Account”). You may register to join the Platform directly via the Site using the link https://partners.jintravel.com . You must provide all needed information to register as a Supplier.

 

Tour Listings

Suppliers may create Listings. To this end, you may be asked a variety of questions about the Tour to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Tour and pricing and related rules and financial terms. 

Suppliers must indicate the following information about the Tour in the Listing:

  1. Main information about tour such as title, description, pricing type, location etc.;

  2. Description of additional services (if any);

  3. Tour-specific rules of conduct;

  4. Photos of tour in good quality

  5. Itinerary of tour

  6. Availability and price rates

  7. If applicable: List of destination-specific risks or dangers, including but not limited to language barriers, weather conditions, sanitary, and epidemiological conditions;

  8. If applicable: List of destination-specific rules and regulations that may directly affect Travelers, including but not limited to visa requirements, medical documentation (including proof of vaccination), prohibited items (including medication); 

  9. If applicable: Traveler’s ability to obtain medical insurance and terms and conditions of such insurance; 

  10. Refund and cancellation terms in case of Tour cancellation by Traveler (please note that such terms should not contradict our Refund Policy).

Suppliers working with Jintravel are responsible for making sure that their Tour listings on the Site or Application are up-to-date so that Travelers who wish to book their Tours are presented with correct information. Jintravel may send notification via e-mail if availability of a tour has ended and needs to be updated.

Suppliers are responsible for updating their Tour information in the Jintravel Account. 

Listings will be made publicly available via the Platform after Jintravel’s team does moderation and approves them. Other Users will be able to book your Tours via the Platform based upon the information provided in your Listing. 

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, a Tour in a Listing you will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tour included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and not conflict with the rights of third parties. 

You agree not to upload, download, display, perform, transmit, or otherwise distribute in a Listing any content that :

(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; 

(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;

(c) is unedited to the point where it is unreadable or extremely hard to understand. 

Jintravel reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Platform, and, if applicable, to delete any such material from its servers. Jintravel intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or any applicable laws.

Please note that Jintravel assumes no responsibility for Suppliers’s compliance with any applicable laws, rules, and regulations. Jintravel reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Jintravel, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform. You understand and agree that Jintravel does not act as an insurer or as a contracting agent for you as a Supplier. If a Traveler requests a booking of your Tour and participates in your Tour, any agreement you enter into with such Traveler is between you and the Traveler, and Jintravel is not a party to it.

Notwithstanding the foregoing, Jintravel serves as the limited authorized agent of the Supplier to accept payments - 20% of total price (Service fee) from the Traveler during Tour order. Jintravel is responsible for transmitting such payments to the Supplier if full amount of total price is taken online or made refund to Traveler in case of Cancellation and Refund rules, subject to these Terms. 

You acknowledge and agree that, as a Supplier, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Tour at your request or invitation, excluding the Traveler. Jintravel recommends that Suppliers obtain appropriate insurance for their Tours. 

Please review any insurance policy that you may have for your Tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers while participating in your Tour.

 

No Endorsement

Jintravel does not endorse any Users or any Tours. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm and do not confirm any User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Platform. We will not be responsible for any damage or harm resulting from your interactions with other Users. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Jintravel with respect to such actions or omissions. This limitation will not apply to any claim by a Supplier against Jintravel regarding the remittance of payments received from a Traveler by Jintravel on behalf of a Supplier, which instead will be subject to the limitations described in the section below entitled “Limitation of Liability.”

 

Bookings and Financial Terms for Suppliers

If you are a Supplier and a booking is requested for your Tour via the Platform, you will be able to contact Traveler for further information.

If you decide to decline a booking of a Tour, any amounts collected by Jintravel for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. You understand and agree that once a Traveler requests a booking of your Tour and pays for it, the price for such booking may not be altered without first obtaining the Travelers consent. When a booking is requested via the Platform, we may share with you the phone number, first and last name of the Traveler who has requested the booking. The prepayment amount displayed on the booking is the Service fee which is calculated from Tour Cost. Where applicable, Taxes may be charged in addition to the Tour cost. The Tour Cost and applicable Taxes are collectively referred to in these Terms as the “Total Cost”. The amounts due and payable by a Traveler solely relating to a Supplier’s Tour are the “Tour Cost”. Please note that it is you and not Jintravel who determines the Tour Cost and you agree this Cost will be exactly the same Cost as stated on your website.

Notwithstanding anything in this Terms to the contrary, if at any time you sell or provide Tours to any customer for commercial use at rates more favorable than those indicated in the Listing, you will promptly offer Travelers on Jintravel Site and Application the benefit of such more favorable terms and conditions or rates, which, upon acceptance, will be retroactive to the date that such more favorable terms and conditions were first effective for such other customer. If the Traveler will inform Jintravel within 24 hours of the purchase of the Tour of such more favorable conditions found on your website, social media account, including Facebook, Instagram, YouTube, or other you guarantee that such terms will apply to such Traveler and you agree to reimburse Traveler for the difference in the price.

Jintravel is only liable to pay to the Supplier the payments collected from the Traveler minus Jintravel’s Service Fee if Jintravel takes full total amount from Traveler or there is a cancellation policy with no refund or partial refund. Jintravel will pay the Net Amount (defined as being the Tour Cost minus the Service Fee or Refundable amount minus Service fee) to your nominated bank account. We are responsible for emailing the Traveler with a booking receipt for their payments. You are responsible for emailing any documentation, other necessary details, and vouchers to the Traveler.

 

Appointment of Jintravel as Payment Agent for Supplier

Each Supplier hereby appoints Jintravel as the Supplier’s limited agent solely to collect payments made by Travelers on behalf of the Supplier. Each Supplier agrees that payment made by a Traveler to Jintravel will be considered the same as a payment made directly to the Supplier and the Supplier will make the Tour available to Traveler in the agreed-upon manner as if the Supplier took part of the payment. The rest of the payment Supplier agrees to take from the Traveler when the tour starts.

In accepting an appointment as the limited authorized agent of the Supplier, Jintravel assumes no liability for any acts or omissions of the Supplier. Suppliers acknowledges and agrees that Jintravel reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that Jintravel will provide notice of new fees via the Platform, prior to implementing such new features.

 

Service Fees Only Apply to Suppliers

In consideration for providing the Platform, Jintravel collects a Service Fee only from Suppliers. Where applicable, Taxes may also be charged in addition to the Service Fee. Service Fees are deducted from the Tour Cost and paid online during Tour order. It means that the rest amount of the Tour Cost Traveler will pay directly to Supplier. If the Tour is canceled and refundable amount is applicable then Service Fees are deducted from the refundable amount before remitting the balance to the Supplier (please note that we will not be responsible for delays in payment, which can vary based on the bank, currency, location, etc). 

Balances will be remitted by Jintravel to Suppliers via bank transfer, direct deposit, or other payment methods described on the Site or via the Application, in the USD, depending upon the selections the Supplier makes via the Platform. 

If Jintravel or its administration finds any fraud or fraudulent activity by Supplier then Jintravel will return the amount paid by Traveler, deactivate all Tours of Supplier and stop working with the Supplier.

Except as otherwise provided herein, Service Fees are non-refundable.

 

Booking and Financial Terms 

The Suppliers, not Jintravel, are solely responsible for honoring any confirmed bookings and making available any Tours reserved through the Platform. The Listing for a Tour will specify the Tour Cost. 

Once a Tour has been purchased, Traveler’s booking cannot be changed by you or canceled with a refund, unless otherwise stated in these Terms. The standard cancellation policy allows Traveler to request a change to and/or cancel a booking of a Tour up to 24 hours after the purchase. Supplier can set Cancellation and Refund policy during creation of Tour.

If a Traveler has canceled the requested booking, or if the Supplier declines Traveler’s booking request due to non-availability we will automatically cancel any pre-authorization to Traveler’s credit card and/or Supplier will refund any amounts charged to Traveler’s credit card in connection with the requested booking within a commercially reasonable time according to cancellation and refund policy. The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount will be credited at the end of the current invoicing period. The exact time of the refund depends on the Traveler’s bank. In the event of such termination Supplier may be liable to Jintravel for the Service Fee, at the sole discretion of Jintravel.

If the booking request was canceled due to non-availability or modified Supplier may offer another Listing to Traveler.

 

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Jintravel cannot and does not offer Tax-related advice to any Users of the Platform. Additionally, please note that each Supplier is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

 

User Conduct

You understand and agree that you are solely responsible for compliance with any and all rules, laws, regulations, and Tax obligations that may apply to your use of the Site, Application, and Platform. 

During use of the Platform, you may not and you agree that you will not: 

  1. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,”. “crawl,” or “spider” any web pages or other services contained in the Site, Application, or Platform;violate 

  2. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; 

  3. copy, store, or otherwise access any information contained on the Platform or Content for purposes not expressly permitted by these Terms;

  4. use the Platform for any commercial or other purposes that are not expressly permitted by these Terms; 

  5. use the Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;

  6. interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; 

  7. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;

  8. use the Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Tours; 

  9. “stalk” or harass any other user of the Platform or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Traveler or Supplier; 

  10. offer, as a Supplier, any Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Tours as a Supplier if you are serving in the capacity of an agent for a third party); 

  11. register for more than one Jintravel Account or register for a Jintravel Account on behalf of an individual other than yourself;

  12. offer, as a Supplier, any Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party;

  13. contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Platform; 

  14. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); 

  15. when acting as a Traveler or otherwise, recruit or otherwise solicit any Supplier or other User to join third-party services or websites that are competitive to Jintravel, without Jintravel’s prior written approval (for clarity and without diminishing any of Jintravel’s rights to enforce these Terms, Jintravel may cancel such offending User’s Jintravel Account, permanently block such User from access to the Service, and take any legal action Jintravel deems appropriate against such User, including by prosecuting such User to the fullest extent of the law);

  16. use automated scripts to collect information or otherwise interact with the Platform; use the Platform to find a Supplier or Traveler and then complete a booking of a Tour transaction independent of the Platform, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Jintravel’s provision of the Platform;

  17. as a Supplier, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person, or promotes illegal or harmful activities or substances; 

  18. access, tamper with, or use non-public areas of the Platform, Jintravel’s computer systems, or the technical delivery systems of Jintravel’s providers;

  19. use, display, mirror or frame any portion of the Platform, or any individual element within the Platform, Jintravel’s name, any Jintravel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Jintravel’s express written consent; 

  20. systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;  

  21. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Collective Content to send altered, deceptive, or false source-identifying information; 

  22. attempt to probe, scan, or test the vulnerability of any Jintravel system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Jintravel or any of Jintravel’s providers or any other third party (including another user) to protect the Platform or Collective Content;

  23. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Collective Content, or advocate, encourage, or assist any third party in doing any of the foregoing.

  24. give your contacts to Traveler or ask contact details from Traveler before they purchase any Tour

  25. share links to your tours in your website or another platform with Traveler through chat/messaging service of Jintravel

  26. Share contacts or identification details or links to them in description, title or on photos of Tour, in answers to reviews or in other places where Traveler can get them

 

Ownership

The Platform (including the Site) and Collective Content are protected by copyright and trademark laws. You acknowledge and agree that the Platform (including the Site) and Collective Content, including all associated intellectual property rights, is the exclusive property of Jintravel and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform (including the Site) or Collective Content.

 

User Content

We, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Jintravel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Platform. Jintravel does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Jintravel the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Jintravel’s use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

 

Links

The Platform may contain links to third-party websites or resources. You acknowledge and agree that Jintravel is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Jintravel of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Jintravel used herein are trademarks or registered trademarks of Jintravel. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOURS VIA THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER JINTRAVEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PLATFORM, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM YOUR LISTING OR BOOKING OF ANY TOUR VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JINTRAVEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Disclaimers

IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT JINTRAVEL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND SUPPLIERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE PLATFORM (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JINTRAVEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

JINTRAVEL MAKES NO WARRANTY THAT THE PLATFORM OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JINTRAVEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, THE PLATFORM, OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JINTRAVEL OR THROUGH THE SITE, APPLICATION, SERVICE,S OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SUPPLIERS OR TRAVELERS. YOU UNDERSTAND THAT JINTRAVEL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VISIT ANY TOURS. JINTRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND SUPPLIERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY JINTRAVEL OR TAKE PLACE DURING A TOUR. NOTWITHSTANDING JINTRAVEL’S APPOINTMENT AS THE LIMITED AGENT OF THE SUPPLIERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE SUPPLIERS, JINTRAVEL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Jintravel via email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Jintravel 's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Jintravel may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Indemnification and Release

You agree to defend,release, indemnify, and hold Jintravel and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, losses, damages and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Platform, or Collective Content or your violation of these Terms; your User Content; and your interaction with any User, booking of a Tour, creation of a Listing or the use, condition or quality of a Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.

 

Contacting Jintravel

If you have any questions about these Terms, please contact Jintravel at support@jintravel.com.