IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. By registering with GlobalPlexa through our online application form or otherwise, or by using the service(s) provided under these Terms of Service ("Terms"),”CUSTOMER” as “Customer” accept all terms and conditions of these Terms. If customer does not agree to these Terms, please do not register with GlobalPlexa.
The term "Customer" used herein refer to all individuals and/or entities identified working in travel or related industry such as Tour Operators, Travel Agents, Other Service Providers who register in Sign Up form ("Account Owner") for GlobalPlexa Account and all other persons authorized by the Account Owner to purchase Leads (as defined below) under the account of the Account Owner.
Description of Services
GlobalPlexa provides worldwide listing of travel services of all individuals and/or entities identified working in Travel and Related Industry such as Tour Operators, Travel Agents, Other Travel Service Providers ( Listing of Other Service providers is coming up) . GlobalPlexa connects .The said customers through GlobalPlexa website submit trip enquiry requests (which include their contact and profile information and trip details and allow the travel service provider listed on the global plexa website to view their such requests ) ("Leads"). These leads are offered for sale by GlobalPlexa who can service the trip itinerary.
1. The following terms and conditions will be legally binding upon acceptance of the terms of service.
2. Terms of Service
Customer acknowledges and agrees to the following terms of service which shall govern Customer’s access and use of the Service (the “Agreement”). Capitalized terms not otherwise defined herein below. In addition, Customer agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new service(s) subsequently purchased by the Customer will be subject to this Agreement.
2.1 Customer Must Have Internet Access
DSL, cable or another high speed Internet connection is required for proper transmission of the Service. Customer is responsible for procuring and maintaining the network connections that connect the Customer network to the Service, including, but not limited to, “browser” software that supports protocol used by GlobalPlexa, including Secure Socket Layer (SSL) protocol or other protocols accepted by GlobalPlexa, and to follow logon procedures for services that support such protocols. GlobalPlexa is not responsible for notifying Customer of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned or operated by GlobalPlexa. GlobalPlexa assumes no responsibility for the reliability or performance of any connections as described in this Section
2.2 Accuracy of Customer’s Contact Information
Customer shall provide accurate, current and complete information on Customer’s legal business name, address, email address, and phone number, and maintain and promptly update this information if it should change. If Customer provides any information that is untrue, inaccurate, not current or incomplete, or GlobalPlexa has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GlobalPlexa may suspend or terminate Customer’s account and refuse any and all current or future use of the Services (or any portion thereof).
2.3 Users: Passwords, Access and Notification
Customer shall authorize access to and assign unique passwords for users for the Service. Customer will be responsible for the confidentiality and use of User’s passwords and user names. Customer will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Customer Data, and all other data of any kind contained within emails or otherwise entered electronically through the Service or under Customer’s account. GlobalPlexa will act as though any Electronic Communications it receives under Customer’s passwords, user name, and/or account number will have been sent by Customer. Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and shall promptly notify GlobalPlexa of any unauthorized access or use of the Service and any loss or theft or unauthorized use of any User’s password or name and/or Service account numbers. GlobalPlexa cannot and will not be liable for any loss or damage arising from any unauthorized use of Customer’s account.
2.4 Customer’s Lawful Conduct
The Service allows Customer to send Electronic Communications directly to GlobalPlexa and to third parties. Customer shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications and anti-spam legislation. Customer is responsible for ensuring that its use of the Service to store or process credit card data complies with applicable Payment Card Industry Data Security Standards (“PCI DSS”) requirements and shall store credit card and social security data only in the designated fields for such data. Customer shall comply with the laws and regulations other applicable jurisdictions in using the Service and obtain any permits, licenses and authorizations required for such compliance. Without limiting the foregoing, (i) Customer represents that it is not named on any government list of persons or entities prohibited from receiving exports, (ii) Customer shall not permit Users to access or use the Service in violation of any export embargo, prohibition or restriction, and (iii) Customer shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which its Users are located. Customer will not send any Electronic Communication from the Service that is unlawful, harassing, libellous, defamatory or threatening. Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. Customer agrees not to access the Service by any means other than through the interfaces that are provided by GlobalPlexa. Customer shall not do any “mirroring” or “framing” of any part of the Service, or create Internet links to the Service which
include log-in information, user names, passwords, and/or secure cookies. Customer will not in any way express or imply that any opinions contained in Customer’s Electronic Communications are endorsed by GlobalPlexa. Customer shall ensure that all access and use of the Service by Users is in accordance with the terms and conditions of this Agreement, including but not limited to those Users that are contractors and agents, and Customer’s Affiliates. Any action or breach by any of such contractors, agents or Affiliates shall be deemed an action or breach by Customer and Customer waives all of those defences that Customer may have as to why Customer should not be liable for Customer’s contractors’, agents’ or Affiliates’ acts, omissions and noncompliance with this Agreement.
2.5 Lead Alerts
By registering with GlobalPlexa customer agree that GlobalPlexa may send customer, from time to time, emails alerting customer of Leads (without User contact information) available for purchase. Customers are under no obligation to purchase any Leads from GlobalPlexa. Customer also agrees that GlobalPlexa may send customer from time to time communications notifying customer of any GlobalPlexa promotions, contests and surveys.
2.6 Discussion Forum, Blogs and News and License to Submissions to the Site
Customers can voluntarily raise queries on the discussion forum, provide news and blogs. The replies to the discussion forum does not bind GlobalPlexa or any its employees by any legal or other nature. News and Blogs provided by the customers will be subject to verification by GlobalPlexa. Customer will solely be liable for replies in the discussion forum or any news or blogs uploaded on the GlobalPlexa website. Should customer provide this site with information to be available to other users of the Site, including without limitation, postings, feedback, data, questions, comments or suggestions ("Submissions") those Submissions will be deemed non confidential and to be customer’s property and customer undertake that customer have the requisite permissions to share such submissions. In consideration of the services provided to customer by GlobalPlexa, customer grants GlobalPlexa a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the such submissions without any limitation and in any media or any form now known or later developed. Such additional uses by GlobalPlexa or others may be made with no further consideration paid to customer.
2.7 Third Party Web Sites, Products and Services
GlobalPlexa may offer certain Third Party Applications for sale or use. Any purchase of such Third Party Applications by Customer shall be subject to the terms specified at the time of purchase or use. In addition, GlobalPlexa (through the Service) or certain third party providers may offer links to other websites, resources, Third Party Applications or services, including implementation, customization and other consulting services related to customers’ use of the Service. GlobalPlexa does not warrant any such Third Party Applications or services except as set forth at the time of purchase or use, whether or not such Third Party Applications are designated by GlobalPlexa as “certified,” “approved”, “recommended” or otherwise, or the services are provided by a third party that is a member of a GlobalPlexa partner program. Any purchase by Customer of any Third Party Applications or services is solely between Customer and the applicable third party provider. GlobalPlexa is not responsible for the availability or the quality, accuracy, integrity, fitness, safety, reliability, legality, or any other aspect of such Third Party Applications or services that Customer may purchase or connect to through the Service, or any descriptions, promises or other information related to the foregoing. If Customer installs or enables Third Party Applications or services for use with the Service, Customer agrees that GlobalPlexa may allow such third party providers to access Customer Data as required for the interoperation of such Third Party Applications with the Service, and any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider. GlobalPlexa shall not be responsible for any disclosure, modification or deletion of Customer Data resulting from any such access by Third Party Applications or third party providers. No purchase of such Third Party Applications or services is required to use the Service.
2.8 Transmission of Data
Customer understands that the technical processing and transmission of Customer’s Electronic Communications is fundamentally necessary to use of the Service. Customer expressly consents to GlobalPlexa’s interception and storage of Electronic Communications and/or Customer Data, and Customer acknowledges and understands that Customer’s Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by GlobalPlexa. Customer further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. GlobalPlexa is not responsible for any Electronic Communications and/or Customer Data which are delayed, lost, altered, intercepted or stored during the transmission of any whatsoever across networks not owned and/or operated by GlobalPlexa, including, but not limited to, the Internet and Customer’s local network.
2.9 Security and Protecting Rights
GlobalPlexa shall maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of Customer Data. Customer will not post content or take any action on GlobalPlexa that infringes or violates someone else's intellectual property rights or otherwise violates the law .GlobalPlexa can remove any content or information of customer post on GlobalPlexa if we believe that it violates our Terms of Service. If customer repeatedly infringes other people's intellectual property rights, customer will disable customer account when appropriate. If customer notices any intellectual property infringement on GlobalPlexa, please bring it to our attention by writing to us at info@globalplexa.com
2.10 Ownership of Customer Data
As between GlobalPlexa and Customer, all title and intellectual property rights in and to the Customer Data is owned exclusively by Customer. Customer acknowledges and agrees that in connection with Service, GlobalPlexa as part of its standard Service offering makes backup copies of the Customer Data in Customer’s account and stores and maintains such data for a period of time consistent with GlobalPlexa standard business processes,.
2.11 GlobalPlexa Intellectual Property Rights
Customer agrees that all rights, title and interest in and to all intellectual property rights in the Service are owned exclusively by GlobalPlexa or its licensors. Except as provided in this Agreement, the license granted to Customer does not convey any rights in the Service, express or implied, or ownership in the Service or any intellectual property rights thereto. In addition, GlobalPlexa shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including users, relating to the operation of the Service. All contents of GlobalPlexa’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and GlobalPlexa’s selection and arrangement (“Content”) are: Copyright © 2019 GlobalPlexa, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of GlobalPlexa and/or it suppliers, affiliates, or licensors. Customer may not rent, lease, distribute, or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so). Any rights not expressly granted herein are reserved by GlobalPlexa. GlobalPlexa service marks, logos and product and service names are marks of GlobalPlexa (the “GlobalPlexa Marks”). Customer agrees not to display or use the GlobalPlexa Marks in any manner without GlobalPlexa’s express prior written permission. The trademarks, logos and service marks of Third Party Application providers (“Marks”) are the property of such third parties. Customer is not permitted to use these Marks without the prior written consent of such third party which may own the Mark.
2.12 Fee Payments and Refunds
GlobalPlexa reserves the right to change the Fees or Service Charges or applicable charges and to institute new charges at any time which will be updated on the website. . GlobalPlexa will not provide refunds for the access fees once the user has accessed the system after the fees or Service Charges have been charged to their credit card.Payments will be accepted by credit card and other online methods. In case of payment accepted by credit card or debit card, unless specifically agreed upon in writing between Customer and GlobalPlexa at the commencement of a subscription term, or unless Customer notifies GlobalPlexa via a phone call (with cancellation confirmation from a GlobalPlexa representative) no later than fourteen days prior to the conclusion of the term, at the conclusion of any service term, whether monthly, yearly, or otherwise, GlobalPlexa will automatically renew the Service for the same term and will charge the Customer’s credit card on the first day of the renewal term. Delinquent accounts will be handled as set forth below
2.13 Feedback, Reviews and Ratings
Customer may from time to time submit feedback and reviews to GlobalPlexa about the services rendered by other customer in connection with said customer servicing of a Enquiry/Lead. Customer understands that GlobalPlexa may from time to time publish such feedback and reviews and use such feedback and reviews to rate the services. Customer acknowledges that GlobalPlexa does not control, pre-screen and is not responsible for such feedback and reviews made that are inaccurate, defamatory, offensive, indecent, inaccurate, misleading, discriminatory or otherwise objectionable.
2.14 Dispute Resolution
Each party agrees that before it or any employee, agent or representative of the party files a claim or suit with a federal or state agency or court or other public forum, it shall provide thirty (30) days prior written notice to the other and that, within such thirty 30) day period (or longer, if extended by mutual desire of the parties), authorized representatives of the parties shall meet (or confer by telephone) at least once in a good faith attempt to resolve the perceived dispute. Each Party agrees that the same is explicitly subject to Mumbai, India Jurisdiction
3. Warranties
3.1 No Virus Warranty
GlobalPlexa warrants that the Service will be free of viruses, Trojan horses, worms, spyware, or other such malicious code (“Malicious Code”), except for any Malicious Code contained in Customer-uploaded attachments or otherwise originating from Customer.
3.2 Disclaimer of Warranties
Except as stated in Section 3 above, GlobalPlexa does not represent that the Service will meet Customer’s requirements or that all errors in the Service and/or documentation will be corrected or that the overall system that makes the Service available (including but not limited to the Internet, other transmission networks, and Customer’s local network and equipment) will be free of viruses or other harmful components. The warranties stated in Section 3 above are the sole and exclusive warranties offered by GlobalPlexa. There are no other warranties or conditions, express or implied, including without limitation, those of merchantability or fitness for a particular purpose or non-infringement of third party rights. Except as stated herein above, the Service is provided to Customer on an “as is” and “as available” basis, and is for commercial use only. Customer assumes all responsibility for determining whether the service or the information generated thereby is accurate or sufficient for Customer’s purposes. Customer acknowledges that the leads are provided hereunder "as is" with no warranty whatsoever and that the customer using any services provided by GlobalPlexa are at its own risk. Without limiting the foregoing, customer acknowledges that GlobalPlexa does not investigate or otherwise verify any of the leads. GlobalPlexa disclaims all implied warranties and conditions of merchantability, fitness for a particular purpose, title and/or noninfringement. GlobalPlexa makes no representations or warranties about the results that may be obtained by purchasing leads /packages and under no circumstances will GlobalPlexa be responsible for any interactions between customer and any user including, without limitations, any transaction that may result. Notwithstanding anything contained herein GlobalPlexa accepts no liability if it is unable to perform a service as a result of (i) a technical problem which is not in its control or for which it is not responsible for, or (ii) the non or partial performance of another party upon which it is dependent to perform a service.
3.3 Representations and Warranties
Customer represents, warrant and covenant to GlobalPlexa that (i) all persons authorized by the Account Owner to use the GlobalPlexa Account are a part of the Travel Industry (ii) Customer maintains all requisite licenses, certifications, accreditations and authorizations required for the conduct of the Travel business and all such licenses, certifications, accreditations and authorizations are valid and in good standing; (iii) Customer have the full right, power and authority to enter into these Terms, (iv) the execution of these Terms by Customer and Customer use of the Leads do not and will not violate any law or regulation or any agreement to which Customer is a party, and (v) Customer will not use any hardware or software intended to damage or interfere with the proper and timely functioning of any service offered by GlobalPlexa, or to surreptitiously intercept any system, data or personal information from GlobalPlexa.
4. Limitations of Liability
GlobalPlexa disclaims all liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including without limitation direct, indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from (a) the use or disclosure of any lead; and (b) any transaction between customers. Without limiting the foregoing, GlobalPlexa shall not be liable for damages exceeding the amount paid by customer to GlobalPlexa in the three (3) month period immediately preceeding the event that gave rise to the damages. If there is a dispute between customers or any third party arising out of or related to the lead(s) and/or packages and/or the services provided by GlobalPlexa, customer understand and agree that GlobalPlexa is under no obligation to become involved. In the event that customer have such a dispute, customer hereby release GlobalPlexa, its officers, employees, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
5. Indemnification
Customer shall indemnify and hold harmless GlobalPlexa (and its officers, directors, partners, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense, including reasonable attorney's fees, arising from any claim, demand, action or proceeding based upon or arising out of any use of a Lead, use of any service provided by GlobalPlexa, or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
.6.Termination
Either party may cancel these Terms at any time, with or without cause, by written notice to the other party. Notice of cancellation by customer must include customer’s full name, email address and password for proper identification. Customer may cancel by sending an email to GlobalPlexa, at info@globalplexa.com, with "Cancel" typed in the subject field and the foregoing information included in the body of the message. GlobalPlexa may cancel by email notice at customerr last known email address. In the event that an invoice/order is in mid process at the time of termination, GlobalPlexa will complete its obligation to fulfil any balance of Leads due to customer and customer shall be obligated to make payment in full for such invoice/order; provided, however, if customer contest a charge or have breached a payment or other obligation under these Terms, then GlobalPlexa shall have the right, at its discretion, to cease providing any further Leads to customer. GlobalPlexa will not issue any cash refunds in the event of cancellation of services by either party. GlobalPlexa reserves the right to discontinue offering the service at any time in case of any infringement by customer with Terms of Contact. GlobalPlexa shall not be liable to Customer nor to any third party for any modification of the Service herein
7. Violation of the Terms
Please report any violations of these Terms of which customer become aware by flagging the posting(s) for review, or by emailing to info@GlobalPlexa.com. GlobalPlexa's failure to act with respect to a breach by customer or others does not waive its right to act with respect to subsequent or similar breaches
8.Terms Subject to Change
These Terms are subject to change by GlobalPlexa at any time which will be uploaded on the website. Customer’s failure to cancel these Terms in writing in email within 3 Days shall constitute customer’s agreement to be bound by the new terms.
9. Miscellaneous
Customer agrees that no joint venture, partnership, employment, or agency relationship exists between customer and GlobalPlexa as a result of these Terms or use of any of GlobalPlexa' services. There are no third party beneficiaries of these Terms. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, 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 the Terms shall continue in effect. By choosing to give customer’s number to use GlobalPlexa services, customer gives the consent to receive SMS from GlobalPlexa. No waiver of any term or condition of these Terms will be valid or binding on a party unless agreed upon by such party in writing. The terms and conditions contained in these Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, whether oral or written.
10. Definitions
“Affiliates ” means any entity which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with Customer, by way of majority voting stock ownership or the ability to otherwise direct or cause the direction of the management and policies of Customer.
“Customer Data” means all electronic data or information submitted to the Service by Customer or its Affiliates.
“Electronic Communications” means any transfer of signs, signals, text, images, sounds, data or intelligence of any nature transmitted in whole or part electronically received and/or transmitted through the Service.
“Service” collectively, GlobalPlexa’s online business application suite (the “GlobalPlexa Service”) and modules that are purchased by Customer from GlobalPlexa, including associated offline components, but excluding Third Party Applications and implementation services.
“Third Party Applications” means online, Web-based applications and offline software products that are provided by third parties, and interoperate with the Service.
“Users” means individuals who are authorized by Customer to use the Service, for whom subscriptions to a Service have been purchased, and who have been supplied user identifications and passwords by Customer (or by GlobalPlexa at Customer’s request). Users may include but are not limited to Customer’s and Customer’s Affiliates’ employees, consultants, contractors and agents.
“URL Terms” means the terms with which Customer must comply, which are located at a URL and referenced in this Agreement.