Terms of Service
These terms and conditions ("Payments Terms") govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the Youtripper Site, Application or Services ("Payment Services") that Youtripper Co., Ltd. (hereinafter referred to as "Youtripper", "we", "us" or "our") provides to you in connection with your use of the Youtripper Site, Application and/or Services, and constitute a binding legal agreement between you and Youtripper. The Youtripper Terms of Service ("Youtripper Terms") separately govern your use of the Site, Application and Services. All capitalized terms have the meaning set forth in the Youtripper Terms unless otherwise defined in these Payments Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Youtripper reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the "Last Updated" date at the top of these Payments Terms. Changes to the Payments Terms will be effective at the time of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services. If you do not close your Youtripper Account you will be deemed to have accepted the changes.
The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.
In order to use the Payment Services, you must first register to create a Youtripper Account and become a Member in accordance with the "Account Registration" section of the Youtripper Terms. You acknowledge and agree that anyone you authorize to use your Youtripper Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
You authorize Youtripper, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver's license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Youtripper (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law. Youtripper reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
Financial Terms for Bookings
"Payment Method" means a payment method that you have added to your Youtripper Account, such as a credit card, debit card or PayPal. "Payout Method" means a payout method that you have added to your Youtripper Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
Financial Terms for Partners regarding Bookings
If, as a Partner, you are unable to serve or decide to reject a confirmed Booking, any amounts collected by Youtripper for the requested Booking will be refunded to the applicable Tripper's Payment Method and any pre-authorization of such Payment Method will be released.
Youtripper will collect the Total Fees from each Tripper at the time of the Booking request. Youtripper will initiate payment of the Package Price (less Youtripper's Partner Fees and any Taxes in respect of the Partner Fees, such as VAT) to the Partner in most cases after 14 days of the scheduled serving time for the Tripper's applicable Package. The Payouts always occur on the first Monday after the 14 day resolution period and comprises all fees collected until then since the previous payout date. The time it takes for the Partner to receive payouts once released by Youtripper may depend upon the Payout Method chosen by the Partner.
Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Partner, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Youtripper to Youtripper (whether as a result of your Bookings or actions as a Tripper or otherwise), then Youtripper may (but is not obliged to) withhold the amount owing to Youtripper from any payout amounts due to you as a Partner, and use the withheld amount to set off the amount owed by you to Youtripper. If Youtripper does so, then your obligation to pay Youtripper will be extinguished to the extent of the amount withheld by Youtripper, and Youtripper will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Youtripper and/or Youtripper by you. Such communication may be made by Youtripper, Youtripper or by anyone on their behalf, including but not limited to a third party collection agent.
Appointment of Youtripper as Limited Payment Collection Agent for Partner
Each Partner hereby appoints Youtripper as the Partner's limited payment collection agent solely for the purpose of accepting the Package Price from Trippers.
Each Partner agrees that payment made by a Tripper through Youtripper, shall be considered the same as a payment made directly to the Partner, and the Partner will make the Activities available to the Tripper in the agreed-upon manner as if the Partner has received the Package Price. Each Partner agrees that Youtripper may, in accordance with the cancellation policy selected by the Partner and reflected in the relevant Package, refund to the Tripper that portion of the Package Price specified in the applicable cancellation policy. Each Partner understands that Youtripper accepts payments from Trippers as the Partner's limited payment collection agent and that Youtripper' obligation to pay the Partner is subject to and conditional upon successful receipt of the associated payments from Trippers. Youtripper does not guarantee payments to Partners for amounts that have not been successfully received by Youtripper from Trippers. In accepting appointment as the limited collection agent of the Partner, Youtripper assumes no liability for any acts or omissions of the Partner.
Financial Terms for Trippers regarding Bookings
You acknowledge and agree that, notwithstanding the fact that Youtripper is not a party to the agreement between you and the Partner, Youtripper acts as the Partner's payment collection agent for the limited purpose of accepting payments from you on behalf of the Partner. Upon your payment of the Total Fees to Youtripper, your payment obligation to the Partner for the Package Price is extinguished, and Youtripper is responsible for remitting the Package Price (less the Partner Fees and any Taxes in respect of the Partner Fees, such as VAT), in the manner described in these Payments Terms. In the event that Youtripper does not remit any such amounts as described in these Payments Terms, such Partner will have recourse only against such Youtripper entity.
You as a Tripper agree that Youtripper may charge your Payment Method the Total Fees for any Booking requested in connection with your Youtripper Account. In order to establish a Booking pending the applicable Partner's As a general rule, Youtripper will collect the Total Fees due at the time of your Booking request. In instances in which Youtripper is unable to collect Total Fees in the ordinary course, Youtripper may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking and a notification in your chat.
If a requested Booking is cancelled (i.e. voided by the applicable Partner), any amounts collected by Youtripper will be refunded to such Tripper, depending on the selections the Tripper makes via the Site and Application, and any pre-authorization of such Tripper's Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Youtripper or its third-party payment processor(s). You agree to pay Youtripper for any confirmed Bookings made in connection with your Youtripper Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by Youtripper or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
If Youtripper is unable to collect any amounts you owe for a confirmed Booking, Youtripper may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Youtripper and/or Youtripper by you. Such communication may be made by Youtripper or by anyone on their behalf, including but not limited to a third party collection agent.
Please note that Youtripper cannot control any fees that may be charged to a Tripper by his or her third-party payment service provider related to Youtripper' collection of the Total Fees, and Youtripper disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
Service Fees and Other Fees
Youtripper collects the Service Fees charged by Youtripper pursuant to the Youtripper Terms. Where applicable, Youtripper may also charge Taxes (such as VAT) in respect of the Partner Fees and Tripper Fees. Youtripper deducts the Partner Fees from the Package Price before remitting the balance to the Partner as described in these Payments Terms. Tripper Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Youtripper to Partners via the Payout Method selected by the Partner in the Partner's currency of choice, depending upon the selections the Partner makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" portion of this Section 6.
Please note that Youtripper may impose or deduct currency conversion costs on or from any payments or payouts by Youtripper in currencies other than Thai Baht. More information on any such costs or deductions is available via the Site and Application, and in Section 10, "Currency Conversion", below. More information on Services Fees can be found at www.Youtripper .com/help. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Tripper, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Activities, Youtripper will refund the Package Price only as permitted under the Youtripper Terms, including the terms of the applicable cancellation policy. Depending on the payment method used, youtripper will deduct fees such as credit card transfer charges from the refund amount, if the cancellation was initiated by the Tripper.
If a Partner cancels a confirmed Booking made via the Site, Application or Services, Youtripper will refund the Total Fees for such Booking to the applicable Tripper within a commercially reasonable time of the cancellation. If the Tripper requests to book an alternative Package and the Partner associated with such alternative Package confirms the Tripper's requested Booking, then Youtripper will collect the Total Fees relating to the confirmed Booking for the Activities in the alternative Package, in accordance with these Payments Terms.
If, as a Partner, you cancel a confirmed Booking, you agree that Youtripper may collect any cancellation fees imposed pursuant to the Youtripper Terms. Youtripper will treat your cancellation as a payment authorization, and Youtripper may withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your Youtripper Account. You will also be responsible to cover any additional charges related to the transfer of payment from Youtripper to the Tripper.
If Youtripper decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the Youtripper Terms, Tripper Refund Policy or Extenuating Circumstances Policy, you agree that Youtripper and the relevant Tripper or Partner will not have any liability for such cancellations or refunds.
If, as a Partner, your Tripper cancels a confirmed Booking or Youtripper decides that it is necessary to cancel a confirmed Booking, and Youtripper issues a refund to the Tripper in accordance with the Tripper Refund Policy, Extenuating Circumstances Policy or other applicable cancellation policies, you agree that in the event you have already been paid, Youtripper will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Package Price due to you.
Review and Claim Center
Each Member collecting payment for claims via the Resolution Center hereby appoints Youtripper as that Member's limited payment collection agent solely for the purpose of accepting funds from another Member for the purchase of packages via the Resolution Center. Youtripper does not guarantee payments to Members for amounts that have not been successfully received by Youtripper from purchasing Members. In accepting appointment as the limited payment collection agent of the Member, Youtripper assumes no liability for any acts or omissions of the Member.
If you are paying for claims via the Resolution Center, you acknowledge and agree that, notwithstanding the fact that Youtripper is not a party to the agreement between the Tripper and the Partner providing the Package, Youtripper acts as the other Member's payment collection agent for the limited purpose of accepting payments from you on behalf of the Member. Upon your payment of the funds to Youtripper, your payment obligation to the Member for the agreed upon amount is extinguished, and Youtripper is responsible for remitting the funds, in the manner described in these Payments Terms. In the event that Youtripper does not remit any such amounts as described in these Payments Terms, such Member will have recourse only against such Youtripper entity.
As a Tripper you agree that Tripper Fees charged by Youtripper for the use of the Services on our platform are non-refundable regardless of the outcome of the claim. The time it takes for the Tripper to receive refunds of payments after resolving a claim with a Partner may depend upon the Payout Method chosen by the Partner.
As a Partner you agree that Youtripper has the right to collect and hold the Payment authorized by a Tripper for a confirmed booking for the duration of no more than14 days unless a claim is files including but not necessarily limited to misconduct, untrue representation, failure to appear or unfavorable treatment. The money shall be held indefinitely or until the claim is resolved by both parties and/or the Youtripper investigative committee.
If, as a Partner, you decide to partially or fully refund the Package Price you automatically appoint Youtripper as the Partner's limited payment agent to deduct the amount from the withheld Payment as detailed in Terms of Service.
Best Price Promise
As a Tripper you can use the Review and Claim Center to request the payment of the difference between our rate and the lower rate should you find a package, with the same booking conditions, by the same provider at a lower rate on the Internet after you have made a booking through us. For a claim to be valid under this guarantee, it must satisfy and be submitted in compliance with all relevant terms and conditions of our Best Price Promise.
As a Partner you agree to appoint Youtripper as the Partner's limited payment collection agent solely for the purpose of accepting and refunding the difference that was paid by the Tripper for the package on youtripper.com and the lower rate found elsewhere online.
Each Tripper understands that Youtripper accepts payments from Partners, as the Partner's limited payment collection agent and that Youtripper's obligation to pay the Tripper is subject to and conditional upon successful receipt of the associated payments from Partners. Youtripper does not guarantee payments to Trippers for amounts that have not been successfully received by Youtripper from Partners. In accepting appointment as the limited collection agent of the Partner, Youtripper assumes no liability for any acts or omissions of the Partner.
Youtripper may, in its sole discretion, round up or round down amounts that are payable from or to Trippers or Partners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Youtripper will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Youtripper may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Youtripper to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
If, as a Tripper, you owe additional amounts to Youtripper due to a Booking Modification, you agree that Youtripper may collect such amounts by charging the Payment Method used to make your Booking. If, as a Partner, you owe Youtripper any amounts due to a Booking Modification, you agree that Youtripper may collect those amounts pursuant to the "Financial Terms for Partners regarding Bookings" portion of this Section 6 and as otherwise permitted under these Payments Terms.
Youtripper TrippCoints may be redeemed for applicable Bookings via the Site, Application and Services as specified in the Youtripper Loyalty Program Terms & Conditions. You may only redeem Youtripper TrippCoins after the Youtripper TrippCoins are reflected in your Youtripper Account.
- Key Definitions
In any jurisdiction in which Youtripper facilitates direct Collection and Remittance pursuant to the Youtripper Terms, you hereby instruct and authorize Youtripper to collect Occupancy Taxes from Trippers on the Partner's behalf at the time Package Price are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Youtripper will be visible to and separately stated to both Trippers and Partners on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Youtripper and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Activitiess. Partners and Trippers further expressly grant Youtripper permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Activities and Occupancy Taxes, including, but not limited to, personally identifiable information such as Partner or Tripper's name, Package addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Trippers or allegedly due, contact information and similar information, to the relevant Tax Authority.
"Booking Currency" means the currency in which a Tripper has to pay for his or her Booking. At the time the Tripper submits a Booking request, the Youtripper platform will select the Booking Currency, based on the Tripper's country of origin as determined by (i) Youtripper 's platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. Youtripper supports only a certain number of currencies as Booking Currencies. The Booking Currency for a Booking may be different from the relevant Package Currency.
"Package Currency" means the default currency associated with the country in which the Package is located. For example, the Package Currency for an activity in Bangkok would be Thai Baht, and the Package Currency for a home located in Japan would be Japanese Yen. The Package Currency cannot be selected by the Partner but is always defined the country of residence.
"Base Exchange Rate" means a system-wide rate used by Youtripper for currency conversion that is in effect at the time the currency conversion is processed, and does not include any fee or mark-up by Youtripper. Youtripper establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
"Adjusted Exchange Rate" means a rate for currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Youtripper for its holding costs and foreign currency risks.
Each currency conversion is processed at a currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time.
Youtripper will process a currency conversion in the following situations:
Where the Booking Currency is different from the Package Currency when a Tripper submits a booking request for a Package, Youtripper will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Booking request to the Total Fees in the Package Currency. The Tripper Fee, which is a percentage of the applicable Package Price, will be calculated based on the Package Price in the Booking Currency (i.e. after conversion from the Package Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Package Currency.
- When a confirmed Booking is modified or cancelled, and there had been a currency conversion when the Booking was submitted, the currency conversion for any additional payments required of the Tripper or any refund to the Tripper will be processed at the same rate as applied to the earlier payment by the Tripper.
When you as a Tripper submit a Booking request for a Package, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, the exchange rate will be displayed inclusive of the mark-up. The exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your Booking.
- Where the Booking Currency is different from the Package Currency when a Tripper submits a booking request for a Package, Youtripper will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Booking request to the Total Fees in the Package Currency. The Tripper Fee, which is a percentage of the applicable Package Price, will be calculated based on the Package Price in the Booking Currency (i.e. after conversion from the Package Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Package Currency.
Payment Method Information
You authorize Youtripper to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method's account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Youtripper Account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
register any Payment Method with your Youtripper account that is not yours or you do not have authorization to use;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
attempt to probe, scan, or test the vulnerability of any Youtripper system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Youtripper or any of Youtripper' providers or any other third party (including another user) to protect the Payment Services;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Youtripper has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, Youtripper may take a range of actions against you, including but not limited to limiting access to your Youtripper Account and any associated Payment Services, for a violation of this Section 12 or these Payments Terms.
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
Intellectual Property Ownership and Rights Notice
The Payment Services are protected by copyright, trademark, and other laws of the Kingdom of Thailand and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Youtripper, Youtripper and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Youtripper or Youtripper used on or in connection with the Payment Services are trademarks or registered trademarks of Youtripper or Youtripper in Thailand and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Partner, Tripper or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including Youtripper 's Trademark & Branding Guidelines (as may be updated from time to time).
Additional Products and Terms
Certain Payment Services or new or different products and services offered by Youtripper from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, Youtripper will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Youtripper Site and Application, or pursuant to Section 34, “Contact Youtripper”, below. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Youtripper and/or Youtripper and you hereby irrevocably assign to Youtripper and Youtripper and agree to irrevocably assign to Youtripper and Youtripper all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Youtripper or Youtripper' request and expense, you will execute documents and take such further acts as Youtripper or Youtripper may reasonably request to assist Youtripper or Youtripper to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your Youtripper Account and any associated Payment Services.
IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOUTRIPPER PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, YOUTRIPPER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOUTRIPPER MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUTRIPPER MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOUTRIPPER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING YOUTRIPPER'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PARTNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRIPPERS ON BEHALF OF THE PARTNERS, YOUTRIPPER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRIPPER OR OTHER THIRD PARTY. YOUTRIPPER DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH PARTNER EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE PAYMENTS TERMS AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR YOUTRIPPER ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER YOUTRIPPER NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUTRIPPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PARTNERS PURSUANT TO THESE PAYMENTS TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE YOUTRIPPER PARTNER GUARANTEE, IN NO EVENT WILL YOUTRIPPER 'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE YOUTRIPPER PLATFORM AS A TRIPPER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PARTNER, THE AMOUNTS PAID BY YOUTRIPPER TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOUTRIPPER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Youtripper and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 access to or use of the Payment Services, or your violation of these Payments Terms; or (ii) your accrual or use of any Youtripper TrippCoins.
Except as they may be supplemented by a document referenced and incorporated herein or by additional Youtripper policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between Youtripper and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between Youtripper and you regarding the Payment Services.
Termination for Convenience
You may terminate these Payments Terms at any time by following the termination procedures specified in the Youtripper Terms. Terminating these Payments Terms will also serve as notice to cancel your Youtripper Account pursuant to the Youtripper Terms. If you cancel your Youtripper Account as a Partner, Youtripper will provide your Trippers a full refund. If you cancel your Youtripper Account as a Tripper, Youtripper will initiate a refund for any confirmed booking based upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Youtripper may terminate these Payments Terms for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for Breach, Suspension and Other Measures
Youtripper may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Youtripper Account if (i) you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, "User Conduct", (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Youtripper believes in good faith that such action is reasonably necessary to protect other Members, Youtripper , Youtripper or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Youtripper and an opportunity to resolve the issue to Youtripper' reasonable satisfaction.
If you are a Partner and we terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Youtripper Account, (i) we will refund your Trippers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If your access to or use of the Payment Services has been limited or your Youtripper Account has been suspended or these Payments Terms has been terminated by us, you may not register a new Youtripper Account or attempt to access and use the Payment Services through other Youtripper Accounts.
If you or we terminate these Payments Terms, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
- Termination for Breach, Suspension and Other Measures
You may not assign or transfer these Payments Terms, by operation of law or otherwise, without Youtripper' prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. Youtripper may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by Youtripper (i) via email (in each case to the address that you provide) or (ii) by posting to the Youtripper Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Youtripper Contracting Entity
Generally speaking, the Youtripper entity with whom you are contracting for the purposes of the Payment Services will be determined for each payment or payout based on the jurisdiction in which the relevant Payment Method or Payout Method was issued. The jurisdictions and the corresponding Youtripper contracting entity are set forth below:
Jurisdiction Local Contracting Entity
Thailand Youtripper Co., Ltd.
All others Youtripper UK Ltd.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Kingdom of Thailand. You and we agree to submit to the personal jurisdiction of a state court located in the district of Bangkok, Thailand for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in Thailand, you and Youtripper agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Youtripper are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Youtripper otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the Thailand Arbitration Center (“THAC“) in accordance with the Thai Consumer Arbitration Rules (“THAC Rules”).
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the THAC Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Kingdom of Thailand and will be selected by the parties from the “THAC” roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the THAC will appoint the arbitrator in accordance with the THAC Rules.
Arbitration Location and Procedure. Unless you and Youtripper otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Youtripper submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
If your claim exceeds $10,000, your right to a hearing will be determined by the THAC Rules. Subject to the THAC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the THAC Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Youtripper will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any THAC filing, administrative and arbitrator fees will be solely as set forth in the THAC Rules. However, if your claim for damages does not exceed $30,000, Youtripper will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Youtripper changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Youtripper's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Youtripper in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Youtripper to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Youtripper. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.
Third Party Beneficiary
These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Payments Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payments Terms.
Youtripper will provide the Partner notice via email and the chat feature on your TrippDash when we initiate each payout transaction. We will also provide notice if the payout is returned to us because of an error. Youtripper will use the email address related to your Youtripper Account. It is your responsibility as a Partner to ensure that you provide us with a current, accurate and valid email address.
You may contact Youtripper using the information below:
Youtripper Co., Ltd., 2nd Floor Oasis Pattanakarn, 2/3 Muengthong Village,
Shakes bkk office, Bangkok, 10250, Thailand
These Payments Terms are available for you to view at any time at www.youtripper.com/terms/payment-policy. Youtripper will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please contact Youtripper via email to help@Youtripper.com or the contact information above.