We may modify these Terms, for any reason at any time, by posting a new version on Our Service; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Service following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Service in any way, your only recourse is to immediately terminate use of Our Service.
Our Service is a search engine for tours and activities. PlacePass does not provide, own or control any of the services and products available for access through Our Service, such as tours, museum tickets, or other activities (the "Tours and Activities"). The Tours and Activities are owned, controlled or made available by third parties (the "Experience Providers") either directly (e.g. tour guide) or as an agent (e.g. online travel agency). The Experience Providers are responsible for the Tours and Activities. The Experience Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual experience provider (e.g. tour operator) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Experience provider accessed through Our Service is at your own risk and PlacePass does not have any responsibility should anything go wrong with your booking or during your travel.
The display on Our Services of a Tour or Activity Product or Experience Provider does not in any way imply, suggest, or constitute a recommendation by PlacePass of that Travel Product or Experience provider, or any sponsorship or approval of PlacePass by such Experience provider, or any affiliation between such Experience provider and PlacePass. PlacePass makes no representations or warranties regarding the accuracy of descriptions on Our Service, or regarding suggestions or recommendations of services or products offered or purchased through the Services.
PlacePass hosts content, including prices, made available by or obtained from Experience Providers. PlacePass is in no way responsible for the accuracy, timeliness or completeness of such content. Since PlacePass has no control over the Tours and Activities and does not verify the content uploaded by the Experience Providers, it is not possible for us to guarantee the prices displayed on Our Service. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected.
If you make a booking through Our Service for Tours and Activities, that booking is made with the Experience Provider named on the booking page and Our Service only acts as a user interface. Accordingly, PlacePass has no responsibility for the booking or the Tours and Activities because PlacePass has no involvement in creating the description of the Travel Product, in defining the price and any fees, and in providing the Tours and Activities that you book. If you have any issues or disputes around your booking and/or the Travel Product, you agree to address and resolve these with the Experience Provider and not with PlacePass.
We, along with our corporate affiliates, the Experience Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Service. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Service must appear on all copies you print. Other non-PlacePass product, service, or company designations on Our Service belong to those respective third parties and may be mentioned in Our Service for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Service does not grant you any license or right to use any of the marks included on Our Service.
You may only use and register to become a user of Our if you are of sufficient legal age and can enter into binding contracts. If you become a registered you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Service by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Service), you must promptly change your Personal information that is affected.
If you decide to receive messages or other communications from Our Service directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Service on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use Our Service to search for legitimate travel deals and you may not use Our Service to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Service you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of PlacePass:
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Service or otherwise through any materials that violate another person's intellectual property rights. If you believe that your trademark or copyright rights have been violated, please contact us at email@example.com
Our Service, all content and services provided on Our Service are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. PlacePass expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Service, your downloading of any content from Our Service or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Service or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non performance by us or any Experience provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Service or the Intellectual Property.
If You intend to seek arbitration You must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to support@PlacePass.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Company and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.
We may change the site and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Service, including Trips, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Service.
To the extent permitted by law, the laws of the State of Delaware (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Service, including Trips, or these Terms, or Our Service, you agree to file such action only in the state and federal courts located in Massachusetts (USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Service and/or these Terms, will be resolved individually, without resort to any form of class action.
If you have any questions, complaints, or claims with respect to Our Service, you may contact us at firstname.lastname@example.org or write to us at: ETMA, Inc., 770 Massachusetts Avenue, P.O. Box 390131, Cambridge MA 02139.
ETMA, Inc. (hereinafter referred to as "PlacePass", "we", "us" or "our") operates a travel platform and community that helps people discover, review and book unique experiences and activities around the world, whether through our mobile applications, websites, and other online products and services (collectively, the "Services").
We receive, store and process information that you make available to us when accessing or using our Services and Services. Examples include when you:
When you use certain features of the Services, in particular our mobile applications, we may receive, store, and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services or specific features of the Services). If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details.
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Services, regardless of whether you are registered with PlacePass or logged in to your PlacePass account, such as your IP Address, the date and time you access or use the Services, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a "Do Not Track" signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for PlacePass services on third party Servicess such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
Our Services may use social plugins which are provided and operated by third-party companies, such as Facebook's Like Button.
We use, store and process Information about you for the following general purposes:
We may, either directly or through third party companies and individuals we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Services for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, the Services may scan and analyze messages to mask contact information and references to other websites. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Services, you consent that PlacePass, in its sole discretion, may, either directly or through third party companies and individuals we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area ("EEA") including the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.
We may share your personal information with our corporate affiliates and with third parties for our legitimate business purposes as permitted by law. If you book through the Services, we may share your personal information with the partners and travel vendors you have booked with. These third parties will process your personal information in accordance with their own privacy policies.
Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Services to other users for marketing purposes or to the extent necessary to operate and manage referral and rewards programs.
You may link your account on a third party social networking site to your PlacePass account. We refer to a person's contacts on these third party sites as "Friends". When you create this linkage:
The publication and display of information that you provide to PlacePass through this linkage is subject to your settings and authorizations on the Services and the third party site.
We may distribute parts of the Services for display on sites operated by PlacePass's business partners and affiliates, using technologies such as HTML widgets.
We may also engage third party companies and individuals, who may be located outside
of the EEA, to provide services to us, including but not limited to technology
services and services to help verify your identification, to otherwise assist us
with fraud prevention and risk assessment, to assist us with customer service, and
to facilitate the payments or reimbursements you request (such as Braintree, PayPal,
and American Express). We may provide Personal Information about you to these third
parties, or give them access to this Personal Information, for the limited purpose
of allowing them to provide these services. We will ensure that such third parties
have contractual obligations to protect this Personal Information and to not use it
for unrelated purposes.
We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
You may review, update, correct or delete the Personal Information in your PlacePass account. If you would like to correct your information or cancel your PlacePass account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Services in association with your name, even after your PlacePass account is cancelled.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction, or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.
The Services may provide a referral service that allows you to invite your friends and contacts to use the Services.
We may integrate the Services with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and PlacePass does not collect or retain the contact information that is used to send them.
You may also send invitation/request emails via the Services itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins PlacePass in response to your referral. If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.
The Services may allow registered account holders to participate in online discussions ("Discussion(s)").
If you post on a Discussion, then your membership in the Discussion as well as some of your public information (such as your profile picture and public profile page) may be visible to users who browse the Discussion. Your postings will be visible to such users as well.
PlacePass uses "cookies" in conjunction with the Services to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Services to recognize your browser, while another could store your preferences and other information. Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Services may not work as intended or may not work at all without cookies.
PlacePass may place our cookies on your device via the Services. Accordingly, our
cookies. We may also allow our business partners to place cookies on your device.
For example, we use Google Analytics for web analytics, and so Google may also set
cookies on your device. As further explained below, third parties may also place
cookies on your device for advertising purposes. There are two types of cookies used
on the Services, namely "persistent cookies" and "session cookies".
Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Services.
The Services may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser's toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Services. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website (www.adobe.com/) and make changes at the Global Privacy Settings Panel (www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).