TravelMyHeart

Privacy Policy and Terms of Service

Last Updated

June 1, 2021

Legally Binding Agreement

TravelMyHeart Inc., a United States corporation ("TMH") welcomes you to the TMH Platform. This Privacy Policy and Terms of Service with all future modifications ("Terms"), are a legally binding agreement ("Agreement") between you the User and/or you the Supplier, and TMH, which governs your use of the TMH Platform, of which this website is a part. If you disagree with these Terms, do not have full power and authority to enter into this legally binding Agreement, and/or shall violate any other agreement to which you are a party by entering into this legally binding Agreement, you are hereby required to stop using this website and the TMH Platform immediately. Do not create a Platform Account and close your browser tab or browser.

If you are under sixteen years of age, you are not permitted to and shall not use this website and the TMH Platform. Please stop immediately; do not create an account; and close your browser tab or browser. Until you are sixteen years of age, do not use this website and the TMH Platform.

If you are over sixteen years of age and under eighteen years of age, you may use this website and the TMH Platform only with permission from your parent or guardian. You are solely responsible for obtaining this permission before you use this website and the TMH Platform.

TMH reserves the right to modify these Terms at its sole discretion at which time, TMH shall replace these Terms with the modified Terms, and update the Last Updated date noted above, to reflect the effective date of the modified Terms.

Your use of the TMH Platform including this website, constitutes your acceptance of these Terms and any future modifications. It shall be deemed that you have read these Terms and any future modifications, and accepted the same in their entirety, before using the TMH Platform, including this website.

When used in these Terms, "TMH," "we," "us," or "our" refers to TMH; the term "you" refers to Users and/or Suppliers; the term "services" means products and/or services; the singular includes the plural and the plural includes the singular; the terms "including" and "such as" mean including but not limited to; the phrase "for example" means the example is included but not limited to just the example; the term "and similar" means other similar examples of which, not all are listed; the phrase "on the TMH Platform" means on or by or through the TMH Platform; the term "on and/or outside the TMH Platform" means on the TMH Platform and/or outside the TMH Platform; where the words "will" and "must" are used in these Terms, they connote an obligation with the same meaning as "shall;" and all defined terms, include their derivatives. Use of paragraph headers in these Terms is for convenience only and has no impact on the interpretation of the particular provision.

Contact Information

You may contact TMH at https://marketing.travelmyheart.com/contact/ or Contact@TravelMyHeart.com.

Definitions

"Content" means text, images, graphical art, audio clips, video clips, animations, hyperlinks, geographical coordinates, downloadable files, and similar. Content includes TMH Content, User Content and Supplier Content.

  • Content that is published by TMH on the TMH Platform is termed "TMH Content."
  • Content that is published by Users on the TMH Platform is termed "User Content."
  • Content that is published by Suppliers on the TMH Platform is termed "Supplier Content." Supplier Content may comprise Listings, Saved Trips, and/or Other Supplier Content.

"Interactions and/or Transactions" mean the communications and/or interactions and/or purchase and/or consumption among Users, Suppliers and/or Third Parties of each other's services, including their websites either on and/or outside the TMH Platform. Examples of Interactions and/or Transactions include clicking on hyperlinks in TMH Content that may link you to the website of a Third Party; clicking on hyperlinks in Supplier Content; contacting Users, Suppliers and/or Third Parties for more information about their services; purchasing and/or consuming services from Users, Suppliers and/or Third Parties; giving Reviews; booking flights and/or hotels from Third Parties; and more generally, dealing with Users, Suppliers, Third Parties, Content, Supplier Services and/or Third Party Services in any way whatsoever.

"List" means to publish a Listing on the TMH Platform.

"Listing" means Supplier Content that is published on the TMH Platform as a profile page or derivative thereof. It may include Supplier's name, logo, tag line, an overview of the Supplier's Services, Reviews, starting prices of Supplier's Services, photos, Supplier's website address(s), and similar, which is determined by TMH at its sole discretion and may be modified by TMH at TMH's sole discretion.

"Listing Fee" means the fee charged by TMH to Suppliers to List on the TMH Platform. Listing Fees may or may not include taxes including VAT, depending on the laws of the jurisdiction involved and at TMH's sole discretion. At TMH's sole discretion, Listing Fees may or may not include discounts. Listing Fees are charged automatically and renew automatically at the beginning of the billing cycle unless cancelled by the Supplier.

"Listing Plan" means a unique combination of certain features of the TMH Platform, a specified number of locations for which Suppliers can List Supplier Services, a certain billing cycle, a certain Listing Fee, and similar. For example a certain Listing Plan may include the promotion of Supplier Content through TMH's Marketing Programs; another Listing Plan may not. Suppliers purchase Listing Plans in order to List Supplier Content on the TMH Platform. Listing Plans go into effect upon receipt of payment by TMH of the Listing Fee, and shall be read together with these Terms because they specify the features, number of locations, billing cycle and Listing Fee, offered in the plan. By making payment, Supplier is agreeing to these Terms and the Listing Plan purchased by the Supplier. Listing Plans have names, such as "Gold Special Offer."

"Marketing Programs" mean email newsletters, blog posts, social media posts, webinars, and similar marketing programs offered by TMH, at TMH's sole discretion, to promote the TMH Platform, including Supplier Content.

"Notification" means email messages that are initiated by TMH to the Primary Email Addresses of Users and/or Suppliers for any administrative reason. Notifications are deemed to satisfy any and all legal requirements.

"Other Supplier Content" means Supplier Content that is promoted by TMH through TMH's Marketing Programs.

"Platform Account" means the account Users and/or Suppliers create on the TMH Platform by providing their email address and other personal information, to access certain features of the TMH Platform such as the ability to create Saved Trips and/or share Content.

"Primary Email Addresses" means the email address provided by Users when they create a Platform Account, and for Suppliers, the email address provided by Suppliers when making payment to TMH.

"Privacy and Other Policies" means the privacy policies, terms of use, rules, requirements, conditions, laws, regulations, and similar, levied by Users, Suppliers and/or Third Parties for use of their services, including their websites, the compliance with which may be required by them. For example, a Supplier may have its own Privacy and Other Policies relating to the use of their website and/or the purchase and/or consumption of their services. Another example is when TMH Content contains a hyperlink to the website of a Third Party such as a destination marketing organization, restaurant or museum, said website and/or the services of said Third Party may be governed by their own Privacy and Other Policies. A third example is of Third Parties such as social media channels or providers of flight and/or hotel booking services, who may have their own Privacy and Other Policies.

"Prohibited Activities" mean any and all activities outlined in the Prohibited Activities section of these Terms.

"Reasons for Non-Notification and Remedy:" In certain circumstances, TMH may be unable to Notify you due to legal reasons, risk of harm or injury, and similar. We shall attempt to remedy the circumstance by Notifying you after the fact where appropriate, and where we determine in good faith that we are no longer prevented from doing so. Collectively, all the reasons for non-Notification outlined later in these Terms, and our remedy of them, are termed Reasons for Non-Notification and Remedy.

"Reviews" mean reviews and testimonials provided by previous, paying customers of Suppliers describing their experience with Supplier's Services.

"Saved Trips" mean itineraries created by Users and/or Suppliers on the TMH Platform by saving TMH Content, Supplier Content, Third Party Content and/or personal Content. Personal Content may include Content such as personal notes about restaurants you may wish to visit or flight and/or hotel booking confirmations. Your Saved Trips may be published and/or shared by you privately or publicly through mechanisms available on the TMH Platform.

"Suppliers" are providers of Supplier Services, who publish Supplier Content on the TMH Platform in order to encourage Users to Interact and/or Transact with them. Suppliers are entirely separate legal entities from TMH, which TMH does not own, control, operate or manage. They are not employees, agents or partners of TMH, and they act exclusively on their own behalf and for their own benefit, and not on behalf of, or for the benefit of TMH. They are governed by their own Privacy and Other Policies. TMH does not and shall not be deemed to direct or control them. Suppliers have complete discretion on whether to List on the TMH Platform.

"Supplier Services" mean the travel-related services, including websites, of Suppliers offered outside the TMH Platform. For example a Supplier who has purchased a Listing Plan from TMH may publish their Listing or Saved Trip on the TMH Platform and/or offer the Supplier Service outside the TMH Platform.

"Supplier Content Creation and Update Process" means the process and steps developed by TMH at its sole discretion, for the creation or update of Supplier Content for publication on the TMH Platform.

"Third Parties" are providers of Third Party Services who are not party to this Agreement. They are third parties and entirely separate legal entities from TMH, which TMH does not own, control, operate or manage. They are not employees, agents or partners of TMH, and they act exclusively on their own behalf and for their own benefit, and not on behalf of, or for the benefit of TMH. They are governed by their own Privacy and Other Policies. TMH does not and shall not be deemed to direct or control them.

"Third Party Services" are travel-related services including software and/or Content offered by Third Parties both on and/or outside the TMH Platform. We give you access to Third Party Services on the TMH Platform to make travel planning easier for you. For example, when TMH Content contains a hyperlink to the website of a Third Party such as a destination marketing organization, restaurant or museum, said website and/or the services of said Third Party are "Third Party Services." A second example is of Content about flights and/or hotels that are provided by Third Parties or when a User saves Content about a hotel to their Saved Trips, where the Content about the hotel is provided by a Third Party. Other examples include mechanisms for booking flights and/or hotels, images on Third Party websites that are hyperlinked to from the TMH Platform, certain content in maps which we obtain from a Third Party, and buttons that connect to social media channels so you may share Content.

"TMH Platform" means an online venue comprising of this website, subdomains thereof, TMH's Marketing Programs, and/or other associated offerings, including all future modifications, successors and/or assigns thereof. The TMH Platform is subject to modification by TMH at TMH's sole discretion.

"Users" use the TMH Platform to search for, consume, publish, save and/or share travel-related Content. Users are entirely separate legal entities from TMH, who TMH does not own, control, operate or manage. Users are independent individuals or entities, and are not employees, agents or partners of TMH, and they act exclusively on their own behalf and for their own benefit, and not on behalf of, or for the benefit of TMH. TMH does not and shall not be deemed to direct or control them. Users have complete discretion on whether to use the TMH Platform.

TMH's Privacy Policy

TMH does not knowingly collect personal information from individuals who are under sixteen years of age. If you believe or have reason to believe that we have the personal information of an individual under the age of sixteen years, please contact us immediately. We take this very seriously.

We collect, use, process and disclose certain personal information about you when you use the TMH Platform. Without it, we may not be able to provide you with all the services requested. This Privacy Policy section of these Terms describes how we collect, use, process, and disclose your personal information.

Your Platform Account

To use certain features of the TMH Platform such as saving and/or sharing Content, you shall create a Platform Account. When you create a Platform Account, you are required to provide us with your email address and other personal information. If you do not want us to collect this personal information, do not create a Platform Account.

Your Personal Information

For the duration that you use the TMH Platform, we automatically collect certain essential information such as your IP address, the user agent HTTP header field that your browser provides in their request to access TMH's website, access dates and times, hardware and software information, your search parameters, filter parameters, saved Content, shared Content, and similar. Without this, our website cannot provide the requested services. If you do not wish for us to collect this essential information for the duration that you use the TMH Platform, stop using this website and the TMH Platform immediately.

Additionally and if you give us permission to do so, we also collect certain information about your use of the TMH Platform such as clicks, page views, time spent on pages, time spent on various features of the TMH Platform, time spent on the TMH Platform, search parameters, filter parameters, saved Content, shared Content, and similar. We may collect this information even if you haven't created a Platform Account or logged in. You may choose not to give us this additional personal information by clicking here. In this case, you may not be able to use all the features of the TMH Platform.

We may collect your first name, last name, email address, city, state, and/or country when you provide this information to us voluntarily, such as when you subscribe to our email newsletter. We may collect personal information when you provide it voluntarily when you contact us to give us feedback, ask us questions, express an interest in working with us, and similar. We may also collect personal information from Users, Suppliers and/or Third Parties given to us voluntarily by them, about your Interactions and/or Transactions with them, on and/or outside the TMH Platform.

When you voluntarily give us your personal information, we may collect certain information such as first name, last name, organization name(s), website address(s), telephone number(s), your user handles for online conferencing services such as Skype, and/or organization address(s). We may also collect the same personal information for those individuals you have voluntarily referred to us and whose personal information you have voluntarily given to us and permitted us to use. We may collect this information even if you haven’t created a Platform Account, logged in, or used the TMH Platform.

When you purchase a Listing Plan, we collect information from our payment gateway such as your first name, last name, email address, locations for which you are purchasing Listing Plans, the amount of payment you made, transaction number, receipt number, date of payment, time of payment, and similar.

Any information about you available through public sources such as websites, Facebook, LinkedIn, and similar, may be used by TMH and shall not be treated as personal information.

Process of Collecting and Using Your Personal Information

The TMH Platform currently does not respond to the "Do Not Track" HTTP header field. We use tracking technologies such as your IP address, the user agent HTTP header field that your browser provides in their requests to access TMH's website, and a unique identifier generated by TMH which we store in local storage in your browser. When you make selections such as your place of origin, flight budget, travel month(s), weather preference, driving distance, and similar, we store these preferences in local storage in your browser, in order to optimize your experience of the TMH Platform.

In many cases your personal information is used non-identifiably without reference to you. For example, your personal information may be used to better understand website traffic patterns and/or to optimize the website experience.

In other cases, your personal information, or your personal information combined with information about your use of the TMH Platform are used to collect insights about how the TMH Platform is being used; send you and/or those individuals you have referred to us Notifications or promotional email messages, and/or to communicate with you and/or them; to give you more relevant search and/or filtered results and recommendations; to establish or enhance our business relationship; to seek referrals, testimonials, and/or feedback; to detect and/or prevent fraud, spam, abuse, security and safety incidents, and/or other harmful activities; to conduct security investigations and/or risk assessments; to enable publication and/or sharing of Content on and/or outside of the TMH Platform where you provide consent, such as when authorizing a Third Party Service such as a social media channel to access Content; to enable your participation in joint marketing campaigns; and/or to improve the TMH Platform, and/or similar.

Information you share publicly on the TMH Platform may be indexed through Third Party search engines.

Disclosure of Your Personal Information

We may disclose aggregated information (information about you that we combine together so that it no longer personally identifies or references an individual User and/or Supplier) and/or other anonymized information. For example, we may disclose aggregated information to Users, Suppliers and/or Third Parties, so they can improve their services.

When you voluntarily give us permission, we may disclose your personal information to Users, Suppliers and/or Third Parties. For example, you may request us to connect you with a User, Supplier and/or Third Party because you seek to establish a business relationship with them.

We may disclose your personal information to Third Parties to provide you with customer service, marketing, advertising, sales, accounting, payment processing and/or other business functions. These Third Parties are contractually bound to protect your personal information and have access to your personal information to perform these tasks.

We may disclose your personal information to courts, law enforcement, governmental or public authorities, tax authorities, authorized Third Parties, and similar, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations; (ii) to comply with a valid legal request or to respond to claims asserted against TMH; (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, and/or to respond to or address any other activity that may expose us, you, any of our Users, Suppliers and/or Third Parties, to legal or regulatory liability; (iv) to enforce and/or administer our Terms or other agreements with Users, Suppliers and/or Third Parties; and/or (v) to protect the rights, property or personal safety of TMH, its employees, Users, Suppliers, Third Parties and/or members of the public. These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our, your and/or a Third Party's legitimate interest in keeping the TMH Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Where appropriate, we may Notify you about legal requests unless we have Reasons for Non-Notification and Remedy.

If TMH undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your personal information in connection with such transaction or in contemplation of such transaction (e.g., for due diligence).

Deletion of Your Personal Information

If you would like to disable the tracking of your use of the TMH Platform, click here. In this case, you may not be able to use all the features of the TMH Platform.

If you would like us to delete any personal information that we have collected about you, contact us. In this case, you may not be able to use all the features of the TMH Platform.

In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. For this, contact us.

To re-enable the tracking of your use of the TMH Platform, to use all its features, click here.

Retention of Your Personal Information

Please note that if you request the deletion of your personal information:

  • We may retain your personal information as necessary for our legitimate business interests, including for maintaining the consistency of our infrastructure such as servers, databases, data, and/or Content;
  • We may retain your personal information as necessary for the prevention of money laundering, fraud detection and prevention, and/or enhancing safety;
  • We may retain and/or use your personal information to the extent necessary to comply with our legal obligations;
  • Information you have shared with others may continue to be publicly visible on the TMH Platform, even after your Platform Account and/or Listing Plan is cancelled. However, attribution of such information to you shall be removed. Some copies of your information (e.g., server log data) shall remain in our database, but are disassociated from personal identifiers;
  • Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
Privacy Policies of Users, Suppliers and/or Third Parties

Users, Suppliers and/or Third Parties are governed by their own Privacy and Other Policies. They may require you to disclose your personal information to them; they may track your use of their services on and/or outside the TMH Platform including your online behavior generally; they may engage Third Parties on their behalf to track your behavior; they may disclose your personal information to other Third Parties; and/or they may collect and/or receive information from the TMH Platform and/or elsewhere on the Internet and/or use that information to provide measurement services, targeted ads, and similar.

Before you use any services, including websites of other Users, Suppliers and/or Third Parties, either on and/or outside the TMH Platform, you shall review and abide by their Privacy and Other Policies. If you have any questions regarding how they collect, use, process and/or disclose your personal information, please contact them. If you do not wish to comply with their Privacy and Other Policies, discontinue your use of their services, including websites immediately.

TMH uses certain Third Party Services for the operation of the TMH Platform. For example, TMH uses Google Analytics and Zoho, among others. These Third Parties are entirely separate legal entities from TMH, who TMH does not own, control, operate or manage. They are not employees, agents or partners of TMH, and they act exclusively on their own behalf and for their own benefit, and not on behalf of, or for the benefit of TMH. TMH does not and shall not be deemed to direct or control them. Third Parties have their own separate Privacy and Other Policies.

Communication

TMH shall Notify Users and/or Suppliers at its sole discretion to provide administrative information in satisfaction of any and all legal requirements. For this, Users shall ensure that TMH has the most accurate Primary Email Address for you at all times, by logging into your Platform Account and updating your Primary Email Address. Suppliers may contact TMH so we may update your Primary Email Address. Users and/or Suppliers are solely responsible for ensuring TMH has your most accurate Primary Email Addresses at all times, for responding to TMH's Notifications within 10 business days, and for storing Notifications for access by you. TMH shall have no liability (i) for failure to deliver Notifications that result from inaccurate Primary Email Addresses and/or (ii) if you fail to respond to TMH's Notifications within 10 business days and/or (iii) if you have not stored TMH's Notifications and are not able to access TMH's Notifications.

TMH may also at its sole discretion, communicate with you through additional means such as other email addresses, telephone, text messages, WhatsApp messages, Skype, and similar; however to satisfy legal requirements, TMH shall use Primary Email Addresses to Notify you.

TMH may communicate with you by using your Primary Email Addresses for promotional reasons. You may unsubscribe from such promotional email messages but not from administrative Notifications.

Reasons for Non-Notification and Remedy: We may be unable to Notify you in certain circumstances. These include (i) where the Notification is prohibited by the legal process itself, by court order we receive, or by applicable law; (ii) where we believe that providing the Notification would be futile, ineffective, create a risk of injury or bodily harm to an individual or group; (iii) where the Notification shall harm the legitimate interests of other Users, Suppliers, and/or Third Parties, and/or shall contravene applicable laws; (iv) where the Notification shall create and/or increase a risk of fraud upon or harm to TMH, TMH's property, the TMH Platform, Users, Suppliers, and/or Third Parties and/or expose TMH to a claim of obstruction of justice; and/or (v) where the Notification shall prevent or impede the detection or prevention of fraud or other illegal activity. In instances where we comply with legal requests without Notification for these reasons, we shall attempt to remedy the circumstance by Notifying you after the fact where appropriate, and where we determine in good faith that we are no longer prevented from doing so.

Platform Account

The use of certain features on the TMH Platform require you to create a Platform Account. You are solely (i) responsible for maintaining the confidentiality of your Platform Account, including your login credentials and other details; (ii) you shall not assign or otherwise transfer your Platform Account to any other person or entity; (iii) you shall provide accurate, current and complete information during the Platform Account creation process; (iv) you shall keep your Platform Account credentials and other details accurate at all times including your Primary Email Address; (v) you shall accept responsibility for all activities that occur under your Platform Account; (vi) TMH is not responsible for Third Party access to your Platform Account that results from theft or misappropriation of your Platform Account; (vii) you shall immediately contact TMH if you know or have any reason to suspect that your Platform Account credentials and other details have been lost, stolen, misappropriated or otherwise compromised; and (viii) you shall immediately contact TMH in case of any actual or suspected unauthorized use of your Platform Account.

Online Venue

As an online venue, the TMH Platform enables you to search and filter for travel-related Content, publish Content, save Content, share Content and/or Interact and/or Transact with Users, Suppliers and/or Third Parties in order to plan travel.

Content

TMH creates and publishes TMH Content about places to travel to, things to see and/or do, visitor centers, restaurants, shopping, weather information, and/or practical information such as visas, jet lag, currency, safety and/or health. TMH Content may also contain hyperlinks to Third Party websites. While you may save TMH Content to your Saved Trips and/or share TMH Content using the mechanisms provided on the TMH Platform, TMH Content is the exclusive property of TMH in its entirety, and is protected by copyright, trademark, and/or other laws of the United States of America and/or other countries.

TMH publishes Content by Third Parties in Third Party Services on the TMH Platform to make it easy for you to plan travel. While you may save and/or share certain Content by Third Parties using the mechanisms provided on the TMH Platform, the Content in the Third Party Service and the Third Party Service itself are the exclusive property of Third Parties, and are protected by copyright, trademark, and/or other laws of the United States of America and/or other countries.

The TMH Platform also enables you to publish your User Content and/or Supplier Content. While you may publish User Content and/or Supplier Content, save User Content and/or Supplier Content to your Saved Trips and/or share User Content and/or Supplier Content using the mechanisms provided on the TMH Platform, User Content and Supplier Content are the exclusive property of Users and Suppliers respectively. By providing your User Content and/or Supplier Content for publication on the TMH Platform, in whatever form and through whatever means, you grant to TMH a non-exclusive, worldwide, royalty-free, sub-licensable, transferable and perpetual license, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content and/or Supplier Content to provide and/or promote the TMH Platform, in any media and/or platform, known or unknown to date, and in particular on the Internet and social networks.

You are solely responsible for the User Content and/or Supplier Content you submit to and publish on the TMH Platform, even if TMH has provided assistance in creating or updating it. If you use the mechanisms provided by TMH to publish and/or share your User Content and/or Supplier Content, you are also solely responsible for ensuring you do not publish and/or share your User Content and/or Supplier Content that you don't intend for public consumption. You assume all risks and responsibilities associated with your User Content and/or Supplier Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure of information that makes any person personally identifiable. You shall own or have the necessary permissions to use the User Content and/or Supplier Content submitted to and published on the TMH Platform, and hereby authorize TMH to publish your User Content and/or Supplier Content. You are responsible and liable if any of your User Content and/or Supplier Content violates or infringes the intellectual property or privacy rights of any Third Party. You may not imply that your User Content and/or Supplier Content is in any way endorsed by TMH. You are solely responsible for creating back-up copies and replacements of your User Content and/or Supplier Content at your sole cost and expense. TMH has no obligation to retain and/or provide you with copies of your User Content and/or Supplier Content.

Content on and/or outside the TMH Platform may be defamatory, libelous, discriminatory, obscene, sexually explicit, violent, graphic, threatening, harassing, offensive, indecent, objectionable, or otherwise inappropriate, and illegal. Content on and/or outside the TMH Platform may also contain another person's private or confidential information and/or may be fraudulent, false, misleading, deceptive or inaccurate. The TMH Platform and/or Content outside the TMH Platform, may expose you to malware such as computer viruses, worms, Trojan horses, ransomware, spyware, adware, rogue software, wiper, scareware, defects, or other items of a destructive nature that may damage, interrupt or interfere with your computer, mobile device, and similar.

Whilst TMH shall take reasonable precautions to protect you from such illegal Content and/or malware on the TMH Platform, TMH cannot vouch for their absence either on and/or outside the TMH Platform, and is not responsible for any damage caused. TMH shall have no liability with respect to acts, omissions, errors, representations, warranties, breaches or negligence, or for any personal injuries, death, property damage, or other damages or expenses resulting from your use of the TMH Platform, and/or Content outside the TMH Platform, such as on Third Party websites. It is your responsibility to ensure that whatever Content you read is legal and the hyperlinks you select, websites you access and Content and software you download are free of malware, whether on and/or outside the TMH Platform. You therefore use the TMH Platform and/or Content and/or any services outside the TMH Platform voluntarily and at your sole risk.

Content and/or services outside the TMH Platform are subject to separate Privacy and Other Policies. You are solely responsible for identifying, understanding and complying with such Privacy and Other Policies and you shall not rely upon any statement of law or fact made by TMH.

Interactions and/or Transactions

The TMH Platform and TMH are not a travel or tour agency, nor suppliers of travel-related services. When you Interact and/or Transact with Users, Suppliers and/or Third Parties and/or their services, including their websites, either on and/or outside the TMH Platform, you are entering into a relationship and/or contract whether verbal and/or written, directly with them. TMH is not and does not become a party to, or other participant in any relationship and/or contract whether verbal and/or written, between them and you, on and/or outside the TMH Platform. TMH does not endorse any User, Supplier and/or Third Party and their services including their websites. Users, Suppliers and/or Third Parties are solely responsible for their services, including their websites, and the performance of their obligations to you, including the resolution of any issues, problems, complaints, and similar, on and/or outside the TMH Platform. TMH makes no guarantees and/or warranties on behalf of them; is not a party to any relationship and/or contract whether verbal and/or written between them and you; is not an agent of them or you; does not provide any insurance to them or to you; and is in no way responsible or liable for any issues, problems, complaints, and similar, between them and you. TMH is not responsible for and does not guarantee payments, refunds and/or any other type of compensation due from any party to another.

Users, Suppliers and/or Third Parties and their services including their websites, are subject to separate Privacy and Other Policies. You shall identify, understand and comply with these Privacy and Other Policies, for yourself and for any additional individuals accompanying you, and shall not rely upon any statement of law or fact made by TMH before interacting with said services including websites, on and/or outside the TMH Platform.

Interactions and/or Transactions either on and/or outside the TMH Platform carry inherent risks. By Interacting and/or Transacting with Users, Suppliers, and/or Third Parties and their services including their websites, either on and/or outside the TMH Platform, you are choosing to assume all risks voluntarily. TMH shall have no liability with respect to acts, omissions, errors, representations, warranties, breaches and/or negligence by TMH, User, Supplier and/or any Third Party, or for any personal injuries, death, property damage, and/or other damages or expenses resulting from your use of the TMH Platform and/or any Interactions and/or Transactions either on and/or outside the TMH Platform.

Supplier Representations

Supplier represents, warrants and covenants that: (i) Supplier is a duly organized, insured, validly existing business, organization or other legal entity, in good standing, under the laws of the country they are established in, operate in, and all other jurisdictions applicable to their business, and able to enter into legally binding agreements, including these Terms and Listing Plans purchased by Supplier; (ii) Supplier has and maintains all registrations, licenses, permits, insurance, approvals, authorizations, and similar, that are legally required and applicable to Supplier's business and Supplier's Services; (iii) Supplier's Services are operated and provided in good faith and in compliance with standards consistent with best practices in the travel industry; (iv) Supplier complies with all applicable international, federal, state and local laws and regulations (including fire, health and safety procedures, employment laws and consumer protection and data privacy laws) and agreements and contracts shall always be in accordance with applicable law; and (v) Supplier shall not do or omit to do any act that, in TMH's sole opinion, may be likely to cause TMH to be disparaged, defamed, discredited and/or brought into disrepute.

Supplier Listing Plans

Suppliers may purchase Listing Plans from TMH to publish Supplier Content about Supplier's Services on the TMH Platform. Listings are associated with locations for which the Supplier has purchased the Listing Plan(s). If the Supplier wishes to associate their Listings in multiple locations, in excess of the number of locations permitted in the Listing Plan, the Supplier is required to purchase additional Listing Plans.

The fields and format of Listings are subject to modifications at TMH's sole discretion. For example, TMH may add the ability for Suppliers to publish promotions in their Listings, as part of certain Listing Plans, or on the other hand, may discontinue the ability for Suppliers to publish tag lines.

Listings may appear in search results and other parts of the TMH Platform. The placement and ranking of Listings on the TMH Platform including in search results are at the sole discretion of TMH, and depend on a variety of factors which may change from time to time. Examples of factors include aggregate information about the use of the TMH Platform, User history of Interactions and/or Transactions with Suppliers, saved and/or shared Content, quality of Supplier Content such as number and/or quality of images, responsiveness of Supplier to TMH's requests, and/or Listing Plans purchased by Suppliers.

TMH shall at its sole discretion associate keywords with Supplier's Listings to make Listings searchable on the TMH Platform, based on their relevance to Supplier's Listings.

TMH at its sole discretion reserves the right to add, discontinue and/or modify Listing Plans, including specified features, specified number of locations, billing cycle and/or Listing Fees. When TMH offers a new Listing Plan, TMH may Notify certain or all Suppliers of its availability. When TMH discontinues a currently available Listing Plan and/or modifies a currently available Listing Plan, TMH shall Notify impacted Suppliers 90 days prior to the effective date of the discontinued or modified Listing Plan. With respect to discontinuations, TMH shall cancel the Listing Plan on the effective date of the discontinuation. The Supplier shall not be charged for subsequent billing cycles.

With respect to modifications to Listing Plans, TMH shall describe the changes in the Notification. Suppliers may cancel their Listing Plan by contacting TMH 10 business days prior to the effective date of the modified Listing Plan. If TMH does not receive a cancellation email from Supplier 10 business days prior to the effective date of the modified Listing Plan, the modified Listing Plan shall go into effect on its effective date and the Supplier shall be charged for the modified Listing Plan on its effective date. By making payment for the modified Listing Plan, Supplier shall have accepted these Terms and the modified Listing Plan.

Suppliers may cancel their Listing Plans before the start of the new billing cycle by contacting TMH 10 business days before the end of their current billing cycle. Upon receipt of the cancellation message, TMH shall Notify the Supplier of the cancellation, and TMH shall remove the Supplier's Listing from the TMH Platform within 30 days after the expiration of the current billing cycle of the current Listing Plan. Suppliers are responsible for the payment of Listing Fees until the billing cycle of their current Listing Plan ends. If Supplier does not cancel their Listing Plan and declines payment to TMH, TMH shall Notify Supplier. If Supplier makes payment, TMH shall continue to publish the Supplier's Listing on the TMH Platform. If Supplier does not make payment, TMH shall remove the Supplier's Listing from the TMH Platform within 30 days after the expiration of the current billing cycle of the current Listing Plan.

For a list of the benefits available to Suppliers in the Listing Plan purchased by Supplier, please refer to the Notification sent by TMH after receipt of Supplier's payment by TMH.

Supplier Account in the Payment Gateway

We use a Third Party, Zoho Corporation Pvt. Ltd. as a payment gateway to process your payment. Zoho enables you to set up an account on Zoho's website to update your credit card information, and view past orders and billing schedules for Listing Plans you have purchased. Zoho is an entirely separate legal entity from TMH, who TMH does not own, control, operate or manage. It is not an employee, agent or partner of TMH, and it acts exclusively on its own behalf and for its own benefit, and not on behalf of, or for the benefit of TMH. TMH does not and shall not be deemed to direct or control it. Zoho is governed by its own separate Privacy and Other Policies.

When you establish and use a Zoho account and/or use any other Zoho services, your relationship is with Zoho directly. We do not have access to your Zoho account in any way whatsoever. When you establish and use your Zoho account, you are doing so at your sole risk and choosing to assume all risks voluntarily. TMH shall have no liability with respect to acts, omissions, errors, representations, warranties, breaches or negligence by TMH and/or Zoho, or for any personal injuries, death, property damage, other damages and/or expenses resulting from your use of your Zoho account.

Supplier Content

Upon the purchase of a Listing Plan and receipt of payment, TMH shall initiate the Supplier Content Creation and Update Process outlined below:

  • To initiate the Supplier Content Creation and Update Process, TMH shall Notify Supplier and provide hyperlinks to online forms which the Supplier is required to fill out. These online forms require the Supplier to provide Supplier Content in a Specified Format determined by TMH at its sole discretion, and Submit online to TMH. The Specified Format also includes specified file types for email attachments such as for documents, images, audio clips and video clips. File types are limited to Microsoft Word, Microsoft Excel, PDF, JPEG, JPG, PNG, and MP4. TMH shall not publish Supplier Content on the TMH Platform until it has received all the required Supplier Content in the Specified Format.
  • The Notification from TMH shall also include other instructions which require the Supplier to complete any additional online forms and/or email Supplier Content such as documents, images and/or video clips to TMH in the Specified Format. The Notification shall also include software code for the TMH Badge which marks our business relationship and which Suppliers can publish on their own websites and/or social media pages. TMH grants Supplier a limited, non-exclusive, non-sub licensable, revocable, and non-transferable license to use the TMH Badge on the Supplier's own website and/or social media pages during the duration of the Listing Plan purchased by the Supplier. Most Supplier's publish the TMH Badge in their website's footer.
  • There may be one or multiple rounds of edits between Supplier and TMH.
  • After the rounds of edits, and after TMH has collected all the required Supplier Content in the Specified Format, TMH shall be ready to publish Supplier Content. TMH shall Notify Supplier of the same.
  • After TMH receives approval from Supplier via email, TMH shall publish the Supplier Content within 30 days on the TMH Platform. TMH shall not publish the Supplier's Content without Supplier's email approval, even if Supplier fails to respond to TMH's Notifications and/or fails to cancel their Listing Plan.
  • It is in the Supplier's best interest to submit Supplier Content to TMH in the Specified Format, immediately after TMH receives payment. While TMH may at its sole discretion Notify Supplier if Supplier has not initiated or completed the Supplier Content Creation and Update Process, Supplier is solely responsible for submitting Supplier Content to TMH in the Specified Format, in a timely manner.
  • For Supplier Content updates, Suppliers may initiate the Supplier Content Creation and Update Process by contacting TMH.

TMH may release fully automated online forms for Suppliers to use when submitting Supplier Content to TMH, at TMH's sole discretion. When released, Supplier shall use these fully automated online forms to submit Supplier Content to TMH for Supplier Content creation or updates. Until the release of these fully automated online forms, TMH shall update Supplier's Listing once in a calendar year using the Supplier Content Creation and Update Process.

For the creation or update of Listings and if the Listing Plan purchased by the Supplier includes the promotion of Supplier's Content through Marketing Programs, the Supplier shall follow the Supplier Content Creation and Update Process for the publication of Listings and the promotion of Supplier Content through email newsletters and/or blog posts.

For social media posts, due to the brevity and frequency of posts, TMH shall at its sole discretion and without seeking prior permission, create and publish Supplier Content. Social media channels may include one or more channels including Facebook, Instagram, LinkedIn, Pinterest, and/or Twitter, and are selected by TMH at its sole discretion.

Suppliers may opt out of any or all Marketing Programs, but TMH shall not provide any prorated or full refunds of the Listing Fee paid to TMH by Supplier, if Marketing Programs are a feature of the Listing Plan purchased by the Supplier. If Suppliers have a preference about the publication date of Marketing Programs and/or the Supplier Content to be published through TMH's social media channels or the specific social media channels, Suppliers shall contact TMH immediately after making payment for their Listing Plan as Supplier Content may be posted on social media soon after payment by Supplier. TMH shall at its sole discretion, make an effort to collaborate with the Supplier, though TMH does not guarantee that it will be able to accommodate the Supplier's preferences. If TMH is unable to accommodate the Supplier's preferences, TMH shall not publish Supplier Content through its Marketing Programs and shall not provide any prorated or full refunds of the Listing Fee paid to TMH by Supplier.

TMH may at its sole discretion offer Suppliers the option to have their Supplier Content created or updated by TMH for an additional fee or at no charge. When TMH in its Listing Plans includes this feature, this means that TMH shall only create or update a portion of the Supplier Content on behalf of the Supplier, as only the Supplier has full knowledge about their Supplier Services.

When creating or updating Supplier Content on behalf of the Supplier, TMH may copy Supplier Content, including text, images and/or video clips, from the Supplier's website and/or social media channels on the Supplier's behalf. Supplier shall still follow the Supplier Content Creation and Update Process.

Supplier hereby authorizes TMH to create or update Supplier Content using Supplier Content from what Supplier has submitted to TMH via email and/or online forms, and/or Supplier Content from the Supplier's website(s) and/or social media channels.

Suppliers alone are solely responsible for Supplier Content, even if TMH has assisted in creating or updating it, including any acts and omissions either by Supplier and/or by TMH. Suppliers are also solely responsible for their Supplier Services. Suppliers shall (i) provide complete, accurate and truthful information about their business, Supplier Services, and all other information pertinent to their Interactions and/or Transactions with other Users in conjunction with their Supplier Services on and/or outside the TMH Platform; (ii) disclose any applicable deficiencies, restrictions and requirements; (iii) provide complete and accurate contact information; (iv) provide all other requested pertinent information; (v) ensure Supplier's Content when published on the TMH Platform is complete, accurate, truthful, copyright compliant and legal; and (vi) Suppliers shall provide Reviews exactly as written by previous, paying customers without any modifications. Suppliers assume all risks associated with their Supplier Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by Supplier of information in such Supplier Content that makes Supplier or any other person personally identifiable. Supplier represents that Supplier owns, or has the necessary permissions to use, and authorizes the use of, Supplier Content. Supplier is responsible and liable if any Supplier Content violates or infringes the intellectual property or privacy rights of any Third Party. Supplier may not imply that Supplier Content is in any way endorsed by TMH.

TMH takes no responsibility and assumes no liability for any Supplier Content published by TMH, Supplier and/or any Third Party, or for any loss or damage arising from the use of such Supplier Content, nor is TMH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity or any malware in the Supplier Content. TMH has no obligation to screen, edit and/or monitor any Supplier Content, but reserves the right, and has absolute discretion, to remove, screen, translate and/or edit without Notification any Supplier Content at any time and for any reason, and/or to have such actions performed by Third Parties on its behalf, and Supplier is solely responsible for creating back-up copies and replacements of Supplier Content at Supplier's sole cost and expense. TMH has no obligation to retain or provide Supplier with copies of Supplier Content, nor do we guarantee any confidentiality with respect to Supplier Content.

By providing Supplier Content, in whatever form and through whatever means, Supplier grants to TMH a non-exclusive, worldwide, royalty-free, sub-licensable, transferable and perpetual license, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and/or otherwise exploit in any manner such Supplier Content to provide and/or promote the TMH Platform, in any media or platform, known or unknown to date, and in particular on the Internet and social networks.

Supplier Refunds

In the event a Supplier cancels their Listing Plan, TMH shall cancel their Listing Plan at the end of their current billing cycle. TMH shall not issue prorated or full refunds of the Listing Fee under any circumstance.

If Supplier does not initiate and/or complete the Supplier Content Creation and Update Process and/or use all the features offered in the Listing Plan they have purchased, such as promoting Supplier's Content through Marketing Programs or if Supplier and TMH are unable to agree on Supplier's preferences with respect to promoting Supplier's Content through Marketing Programs, TMH shall not issue prorated or full refunds of the Listing Fee.

If TMH terminates a Supplier's Listing Plan because the Supplier has engaged in Prohibited Activities on the TMH Platform and/or has failed to uphold these Terms or the Listing Plan purchased by them, TMH shall terminate this Agreement, terminate Supplier's Listing Plan and remove Supplier's Content from the TMH Platform. TMH shall not issue prorated or full refunds of the Listing Fee.

Intellectual Property

You acknowledge that the TMH Platform including all software, Content, and personally identifiable information of Users, contained on the TMH Platform and successors thereof, are the exclusive property of TMH, Users, Suppliers, Third Parties and/or other licensors, in their entirety, and are protected by copyright, trademark, and/or other laws of the United States of America and/or other countries.

You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the TMH Platform except to the extent you are the legal owner of your Content or software, or as expressly permitted in these Terms.

Subject to your compliance with these Terms, TMH grants Users a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use the TMH Platform, solely for your personal and non-commercial use. Subject to your compliance with these Terms, TMH grants Suppliers a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use the TMH Platform, as per the Listing Plan purchased by the Supplier.

Joint Marketing

TMH may propose joint marketing campaigns from time to time. For this, we may seek a testimonial or interview from you and/or your representatives, and/or seek and/or take photographs, video clips and/or audio clips of you and/or your representatives, and/or of your services. Examples of marketing campaigns include testimonials, articles, blog posts, press releases, public relations campaigns, email and social media campaigns, advertisements, and similar, online and/or offline. We may also use your names, logos, marks, trademarks, entity names, description of your business, description of your services, and/or a description of our business relationship, and/or any Third Party names, logos, marks, trademarks, and/or entity names used by you, and similar. We shall seek your consent by Notification. Upon receiving your consent, we shall release the marketing campaign. You hereby grant to TMH an exclusive, worldwide, royalty-free, irrevocable, sub-licensable, transferable and perpetual license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, the information you have provided to TMH for marketing campaigns as specified here, without limitation, and at no cost or fee to TMH. You including your successors, assigns, heirs, representatives, executors, administrators and/or any other persons acting on your behalf shall indemnify and continue to keep indemnified TMH against any and all claims that may be made against TMH on account of any act or omission on your part. You are solely responsible and liable if any information given to TMH for these joint marketing campaigns violates or infringes the intellectual property or privacy rights of others.

Feedback

We welcome and encourage you to contact us with feedback, ideas, comments and suggestions for improvements to the TMH Platform. Any such feedback you submit to us shall be considered non-confidential and non-proprietary to you. By submitting such feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and perpetual license to use and publish your feedback and to exploit in any manner whatsoever for the benefit of the TMH Platform and TMH, without compensation to you.

Prohibited Activities

In connection with your use of the TMH Platform, you shall not yourself do and/or shall not assist or enable others to breach, circumvent or violate any applicable laws or regulations, rules, licenses, registrations, certifications, tax obligations, Third Party rights, privacy policies, data protection policies, export laws, these Terms and/or any other agreements with us and/or with Third Parties.

You, yourself and/or directly or indirectly with others, shall not:

Platform
  • Scrape, hack, reverse engineer, compromise and/or impair the TMH Platform;
  • Use bots, crawlers, scrapers, and/or other automated means to access and/or collect data and/or other Content from, and/or otherwise interact with the TMH Platform;
  • Use people and manual means to collect data or other Content from, or otherwise interact with the TMH Platform for your commercial use, except as expressly set forth in these Terms;
  • Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the TMH Platform or Content, such as violating the restrictions in any robot exclusion files;
  • Decipher, decompile, disassemble, and/or reverse engineer any of the software or hardware used to provide the TMH Platform;
  • Transmit malware such as computer viruses, worms, Trojan horses, ransomware, spyware, adware, rogue software, wiper, scareware, defects, and/or other items of a destructive nature;
  • Impose in our discretion, an unreasonable or disproportionately large load on our infrastructure or make excessive traffic demands on the TMH Platform;
  • Take any action that could damage or adversely affect the performance or proper functioning of the TMH Platform;
  • Deep-link to any portion of the TMH Platform for any purpose without our prior written authorization;
  • Engage in any practices that are intended to manipulate our search algorithm;
  • Use, copy, display, mirror, frame and/or otherwise incorporate any part of the TMH Platform, any Content, TMH branding and/or any page layout or design, into any other website, application, or service without our prior written authorization;
  • Act on behalf of a competitor of the TMH Platform;
Intellectual Property Rights
  • Use the name, logo, branding, or trademarks of TMH or others without permission;
  • Use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with TMH branding;
  • Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices;
  • Submit to TMH, publish and/or share Content that is illegal or that violates another person or entity's rights, including intellectual property rights and privacy rights;
  • Use the TMH Platform, including Content for any commercial or other purposes that are not expressly permitted in these Terms or in a manner that falsely implies TMH endorsement, partnership, or otherwise misleads others as to your relationship with TMH;
  • Offer Content and/or services that violate these Terms and all other laws, regulations, agreements and similar, that apply to you;
Platform Account
  • Provide inaccurate, fraudulent, outdated or incomplete information during Platform Account creation, signing up for a Listing Plan and/or thereafter;
Content
  • Submit to TMH, publish and/or share Content that endorses or promotes illegal or harmful activity, or that is defamatory, libelous, discriminatory, obscene, sexually explicit, violent, graphic, threatening, harassing, offensive, indecent, objectionable, or otherwise inappropriate, and illegal;
  • Submit to TMH, publish and/or share Content that includes another person's private or confidential information;
  • Submit to TMH, publish and/or share Content that is fraudulent, false, misleading, deceptive or inaccurate;
  • Use the TMH Platform's Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us;
  • Submit to TMH, publish and/or share Content that you do not yourself own or have permission to make available on the TMH Platform;
  • Submit to TMH, publish and/or share Content that contains any malware such as computer viruses, worms, Trojan horses, ransomware, spyware, adware, rogue software, wiper, scareware, defects, and/or other items of a destructive nature that may damage, interrupt or interfere with the TMH Platform;
Interactions and/or Transactions
  • Engage in any speculative, false and/or fraudulent Interactions and/or Transactions;
  • Provide us with someone else's personal information illegally and in breach of applicable law;
  • Contact another User for any purpose other than asking a question related to Content and/or Interactions and/or Transactions;
  • Lie, misrepresent something or someone, or pretend to be someone else;
  • Attempt to impersonate another person, account, or entity, including a representative of TMH;
  • Discriminate against or harass anyone on the basis of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, marital status, age, familial status, and/or actual or perceived disability;
  • Engage in any violent, harmful, abusive, hateful or disruptive behavior;
  • Offer or solicit prostitution or participate in or facilitate human trafficking;
  • Solicit personal information from minors, or harm or threaten to cause harm to, any person including minors.

Reporting Violations

If you believe that a User, Supplier, Third Party, Content, services of Users, Third Party Services and/or Supplier Services pose an imminent risk of harm to a person or property, you should immediately contact local authorities.

If you believe that a User, Supplier, Third Party, Content, services of Users, Third Party Services and/or Supplier Services have violated these Terms, contact us.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, TMH shall respond expeditiously to claims of copyright infringement committed on the TMH Platform. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please contact us to report alleged copyright infringements taking place on the TMH Platform.

Termination

You may terminate this Agreement at any time by ceasing to use the TMH Platform and requesting deletion of your Platform Account by contacting TMH. However, TMH shall not refund any Listing Fee regardless of the reason for your termination.

TMH may terminate this Agreement and your Platform Account for any reason or no reason by giving you minimum 15 days' notice via a Notification. If the termination does not coincide with the end of your billing cycle, TMH shall refund a prorated amount of your Listing Fee for the balance of your billing cycle. TMH may also terminate this Agreement immediately and without Notification or liability of any kind, stop providing access to the TMH Platform in whole or in part, disable your Platform Account, and/or may take any action it determines is reasonably necessary to (i) comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body: (ii) if you breach these Terms; (iii) if we reasonably believe termination is necessary to protect TMH, its Users, Suppliers, and/or Third Parties; (iv) or for any other similar reason, at TMH's sole discretion. In such case, TMH shall not issue prorated or full refunds of your Listing Fee. If your Platform Account has been inactive for more than two years, we may terminate your Platform Account without prior Notification. Where appropriate, we may Notify you unless we have Reasons for Non-Notification and Remedy.

For minor violations or where otherwise appropriate as TMH determines in its sole discretion, you shall be Notified of any intended measure by TMH and you shall be given an opportunity to resolve the issue by contacting us.

Disclaimer of Warranties

If you choose to use the TMH Platform, you do so voluntarily and at your sole risk. We provide the TMH Platform, including all Content and Third Party Services "as is" without warranty of any kind and we disclaim all warranties, whether express or implied, and for your informational and reference purposes only. TMH makes no representation as to the accuracy, completeness, copyright compliance, or legality of any Content or Third Party Service. Its presence on the TMH Platform does not signify any endorsement by TMH. It is your responsibility to, and we require you to, verify all Content on the TMH Platform with sources outside the TMH Platform.

For example: (i) we do not endorse or warrant the existence, conduct, performance, accuracy, safety, quality, legality or suitability of any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service and/or their personnel or Third Parties; (ii) we make no representation as to the accuracy, completeness, copyright compliance or legality of the TMH Platform; (iii) we do not endorse any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service; (iv) TMH is not responsible for and shall not have any liability with respect to acts, omissions, errors, representations, warranties, breaches or negligence, and/or for any losses, personal injuries, death, property damage, and/or other damages and/or expenses that arise either directly and/or indirectly from your use of the TMH Platform and/or your Interactions and/or Transactions with Users, Suppliers, Third Parties, Content, Supplier Services and/or Third Party Services; (v) You are solely responsible for any and all decisions, and Interactions and/or Transactions either directly and/or indirectly related to your use of the TMH Platform both on and/or outside the TMH Platform, and you do so voluntarily and at your sole risk, fully acknowledging the inherent risk related to travel; (vi) we do not endorse or warrant the truth, accuracy, completeness, copyright compliance, and/or legality of any Content available on the TMH Platform; (vii) we do not endorse or warrant the truth, accuracy, completeness, copyright compliance, and/or legality of Reviews published in Supplier Content on the TMH Platform. These Reviews have been provided by Suppliers, who are required by these Terms to provide exactly as was provided to them by their paying, previous customers. Suppliers alone are responsible for the truth, accuracy, completeness, copyright compliance and/or legality of the Reviews. TMH does not have procedures or protocols to ensure that the published Reviews are indeed written by previous customers, or are truthful, accurate, complete, copyright compliant, and/or legal.

Any reference to being a "TravelMyHeart Partner" (or similar language) in marketing materials and/or on the TMH Platform is limited to the relationship as outlined in these Terms and nothing else. Any such reference is not an endorsement or guarantee by TMH about any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service, including identity, background, trustworthiness, safety, suitability, truth, accuracy, completeness, copyright compliance, and/or legality. You are required to exercise your own due diligence and care when deciding whether to use the TMH Platform and Interact and/or Transact with any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service on and/or outside the TMH Platform.

We do not warrant the performance or non-interruption of the TMH Platform. TMH at its sole discretion for any reason or no reason, may restrict the availability of the TMH Platform or certain features thereof.

TMH takes no responsibility and assumes no liability for any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service or your Interactions and/or Transactions on and/or outside the TMH Platform and/or for any loss and/or damage arising from your use of the TMH Platform, nor is TMH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity and/or malware you may encounter either on and/or outside the TMH Platform.

As an online venue, TMH does not and cannot control the conduct of Users, Suppliers and/or Third Parties. TMH has no obligation to screen, edit and/or monitor any Content, but reserves the right, and has absolute discretion, to remove, screen, translate and/or edit without Notification any Content at any time and for any reason, and/or to have such actions performed by Third Parties on its behalf.

Users shall cooperate with and assist TMH in good faith, and provide TMH with such information and take such actions as may be reasonably requested by TMH with respect to any investigation undertaken by TMH regarding the use or abuse of the TMH Platform.

The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, shall be limited to the extent permitted by law.

Limitations on Liability

Neither TMH nor any other party involved in creating, producing, and/or delivering the TMH Platform, including Content, shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, or loss of goods, service interruption, computer damage or system failure or the cost of substitute services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms; (ii) the use of or inability to use the TMH Platform or any Content; (iii) any Interactions and/or Transactions you may have with someone you meet through, or as a result of, your use of the TMH Platform; and (iv) any Content and/or Interaction and/or Transaction on and/or outside the TMH Platform, whether based on warranty, contract, tort (including negligence), service liability or any other legal theory, and whether or not TMH has been informed of the possibility of such damage.

Without prejudice to the foregoing, in no event shall TMH's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your Interactions and/or Transactions with any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service either on and/or outside the TMH Platform, or your use of or inability to use the TMH Platform, exceed the amount you have paid to TMH in the last billing cycle prior to the event giving rise to the liability, or one hundred United States dollars (US$ 100), if no such payment has been made, as applicable.

These limitations of liability and damages are fundamental elements of the Agreement between you and TMH.

Indemnification

To the maximum extent permitted by applicable law, you and any person claiming through you, shall release, defend (at TMH's option), indemnify, and hold TMH harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms and Listing Plans (including any supplemental or additional terms that apply to a service or feature), (ii) your improper use of the TMH Platform, (iii) your Interactions and/or Transactions with any User, Supplier, Third Party, Content, Supplier Service and/or Third Party Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such Interactions and/or Transactions on and/or outside the TMH Platform, or (iv) your breach of any laws, regulations and/or Third Party rights such as intellectual property or privacy rights.

Dispute Resolution

TMH is committed to participating in a friendly dispute resolution process through an informal negotiation directly with you on claims you may have against TMH. TMH is not responsible for claims against its Users, Suppliers and/or Third Parties. To initiate dispute resolution, contact TMH. If we are not able to resolve your claims within 365 days, you shall seek relief through the small claims court in San Francisco in the State of California in the United States of America.

Governing Law and Venue

These Terms shall be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings shall be brought in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

Force Majeure

TMH shall not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, disease, and/or strikes or shortages of transportation facilities, fuel, energy, labor or materials.

General Provisions

This Agreement shall continue to bind Users and Suppliers to any successors or assigns of TMH and it shall be deemed that TMH includes any successor or assign of TMH.

Except as may be supplemented by additional terms such as the Listing Plan, conditions, policies, guidelines, standards, and in-service disclosures, these Terms including any modifications thereto, constitute the entire Agreement between TMH and you, pertaining to your use of the TMH Platform, and supersedes any and all prior oral and/or written understandings and/or agreements between TMH and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and TMH. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and shall not affect the validity and enforceability of the remaining provisions.

TMH's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You shall not assign, transfer or delegate this Agreement or your rights and obligations hereunder without TMH's prior written consent. TMH may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with minimum 30 days' prior notice via Notification.

This Agreement shall survive any termination of these Terms and shall continue to apply even if you stop using the TMH Platform and/or terminate your Platform Account.