Travelchat Facebook Messenger Chatbot
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE TRAVELCHAT SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE TRAVELCHAT SERVICES OR ANY SERVICES PROVIDED BY US.
These terms of service (these “Terms”) apply to your access and use of our TRAVELCHAT services, chatbots, websites, emails, text messages, MMS, and social media accounts (collectively, the “Services”) provided by TRAVELCHAT (“TRAVELCHAT”, “we”, “our” or “us”) and any feature, content, tools and online services accessible by means of the Service. If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to TRAVELCHAT if you violate these Terms.
Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service.
If you have any questions regarding the use of the Service, please email us.
Device Usage Terms and Conditions
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider and by any Third Party application provider such as Facebook Messenger.
Registration Data, Eligibility
To access certain areas and features of the Service, you may be required to register with TRAVELCHAT. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via by us (the "Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to TRAVELCHAT, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to TRAVELCHAT.
TRAVELCHAT is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to TRAVELCHAT.
You may not use the Service if you are under 18 years of age.
TRAVELCHAT attempts to be as accurate and helpful as possible. TRAVELCHAT may, through the Service, provide offers for local products and services available from third parties. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. TRAVELCHAT makes no guarantee or warranty about any of these services or products, and you agree that TRAVELCHAT will have no liability related to such services or products purchased. If you have reason to believe that a third party product or service you purchased as a result of a recommendation from the Service does not meet your expectations, you must work solely with the third party product or service to resolve your claim. TRAVELCHAT reserves the right, at its sole discretion, to not make a recommendation for a requested product or service.
TRAVELCHAT may, through the Service, provide assistance with ordering third party services or products when requested via the Service. TRAVELCHAT may process payment or may send you to the third party vendor or a third party payment processor to collect your payment. Payments processed are governed by the terms of service of the payment processor, not TRAVELCHAT. Charges will include all taxes, including sales tax, excise tax, and value added tax, when applicable. TRAVELCHAT makes no guarantee or warranty about any of these services or products, and you agree that TRAVELCHAT will have no liability related to such services or products purchased.
Consent to Use of Data and Mobile Communications
In exchange for TRAVELCHAT providing you with access to the Service, you consent to TRAVELCHAT collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system, location, and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.
Compatibility with Mobile Devices
TRAVELCHAT does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
No Emergency Services
The Service is not able to provide any emergency assistance. If you have an emergency, do not use the Service.
When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The recommenders used by TRAVELCHAT are independent contractors and not employees of TRAVELCHAT. TRAVELCHAT is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these recommenders or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
You agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service:
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• Harass, threaten, or intimidate Service agents, collaborators and employees with inappropriate language or behavior;
• Collect any personally identifiable information about other users and/or agents (except as specifically authorized by TRAVELCHAT), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users and/or agents of the Service;
• Use the Service for any commercial purpose;
• Use the Service for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or polices established from time-to-time by TRAVELCHAT;
• Create an account, post any content, or otherwise use the Service if you are not at least 13 years of age;
• Modify, adapt, hack, reverse engineer, or emulate the Service;
• Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or agents or third- parties; and infringe upon or violate the rights of TRAVELCHAT, our users, our agents or any third party.
TRAVELCHAT will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service. Your use of the Service is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at TRAVELCHAT's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.
TRAVELCHAT may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. TRAVELCHAT does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. TRAVELCHAT is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
Advertisements and Promotions; Third-Party Products and Services
The TRAVELCHAT name and logo are trademarks or registered trademarks of TRAVELCHAT. These marks may not be reproduced or used without TRAVELCHAT's prior written permission. You may not use any metatags or any other “hidden text” using “TRAVELCHAT” or any other name, trademark or product or service name of TRAVELCHAT without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of TRAVELCHAT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners.
The Service contains the valuable proprietary content of TRAVELCHAT and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service except in its intended manner in accordance with the terms and conditions of these Terms.
Termination or Modification of Application
TRAVELCHAT reserves the right to change, suspend, remove, discontinue or disable access to the Service at any time without notice. In no event will TRAVELCHAT be liable for the removal of or disabling of access to any portion or feature of the Service.
If you breach any of the terms or conditions of these Terms or TRAVELCHAT discontinues the Service, these Terms will automatically terminate. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. Any use of the Service after termination is in violation of the copyright and other rights of TRAVELCHAT. TRAVELCHAT and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the Application that you have downloaded. Cancellation may result in the immediate deletion of any content that you have submitted to TRAVELCHAT. Although your content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, location, posted materials, IP addresses and traffic information.
Information and Press Releases
The Application may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRAVELCHAT DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TRAVELCHAT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. TRAVELCHAT DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY TRAVELCHAT OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.
Limitation of Liability
IN NO EVENT WILL TRAVELCHAT OR ANY AGENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE , HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF TRAVELCHAT OR ANY AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TRAVELCHAT’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED €10.00 EURO.
If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with us. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, TRAVELCHAT has adopted a policy of terminating, in appropriate circumstances and at TRAVELCHAT's sole discretion, subscribers or account holders who are deemed to be repeat infringers. TRAVELCHAT may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Applicable Law and Venue
The Terms and your use of the Service will be governed by and construed in accordance with the laws of Italy. In the event of any matter or dispute arising out of or in connection with these Terms, you and TRAVELCHAT will submit to the exclusive jurisdiction of Italy.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and TRAVELCHAT are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
Updated June 26, 2018.