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    Privacy

    Effective date: August 10, 2014



    Introduction

    Trippeo Technologies, Inc. and its affiliates (“Trippeo”) are committed to protecting the privacy of all individuals who:

    • visit Trippeo’s website located at trippeo.com, which includes all subdomains, present and future (the “Website”);
    • use the mobile applications that Trippeo makes available from time to time (the "Applications"); and
    • use the Trippeo services including web and mobile services.

    To make this policy easier to read, we call the Website, the Applications and the Platforms together the "Services".

    It is Trippeo’s policy to respect your privacy and the privacy of all users of the Services. This Privacy Policy has been established to help you understand our commitment to protecting your privacy and personal data, and the steps we take to ensure it. By visiting and/or using any of the Services, you agree to be bound by the terms of the present Privacy Policy (the “Privacy Policy”). Where the present Privacy Policy refers to “Trippeo”, it may refer to the Services or to Trippeo Technologies, Inc., depending on the context.

    Trippeo reserves the right, at any time, to modify or replace the Privacy Policy. The most recent version of the Privacy Policy is available at trippeo.com/privacy. Please check the Privacy Policy periodically for changes, though we will also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the Services or the treatment of your Personal Information. Your use of the Services following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

    Trippeo’s Privacy Policy forms part of its wider terms of service. If you are a visitor to the Website or if you are a Trippeo user, these terms of service are available at http://trippeo.com/terms. Both the Terms and the Privacy Policy apply to your use of the Services. Unless otherwise indicated, all defined terms in this Privacy Policy shall have the same meaning as in the Terms.

    About this Privacy Policy

    This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) and other non-identifiable information gathered by Trippeo when you are using or accessing the Services.

    Personal information we may collect and use

    i) Registration and Logged-in Users

    When you first register for a Trippeo account we collect some personal information about you such as:

    • your full name and email address
    • your password, in connection with your account and your log-in facility
    • other optional information as part of your account profile
    • information we may receive relating to communications you send us, such as queries or comments concerning our services
    • information relating to your real time location, but only where you enable your computer or mobile device to send us location information or when posting through the Supported Platforms

    Trippeo uses the collected information for the following general purposes:

    • to identify you when you log in to your account
    • to enable us to provide the Services to you
    • to verify Trippeo transactions you make and for billing, security, and authentication
    • to analyze the Website , Services and our visitors, including research into our user demographics and user behaviour in order to improve our content and Services
    • to contact you about your account and provide support
    • to share aggregate (non-identifiable) statistics about users of our Services to prospective advertisers and partners
    • to keep you informed of information about our Services we think you may find useful or which you have requested from us, provided you have indicated you would like to be contacted for these purposes

    By submitting information to Trippeo when registering, you consent to the use of your information for these purposes.

    ii) Collection of Personal Information Submitted Voluntarily

    Trippeo may gather Personal Information about organizational representatives via various methods (phone, email, online forms, in-person meetings) but only if such Personal Information is submitted voluntarily. Trippeo may use such Personal Information for sales, marketing, and support of the Services. This Personal Information is never shared with third parties.

    iii) Credit Card or Bank Card Information

    Trippeo users have the option to connect their bank or credit cards with Trippeo for the purpose of automatically importing transactions. Trippeo does not store these passwords nor can Trippeo access user bank accounts.

    System and device information

    Trippeo automatically collects and receives certain information from your computer or mobile device, including the activities you perform on our Website, the Platforms, and the Applications, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see “Cookies and Related Technologies” below). For example, each time you visit the Website or otherwise use the Services, we automatically collect your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable) (collectively referred to as “traffic data”). We may link this traffic data to your unique account ID to better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of our Services, and better understand and market to our customers and website users.

    Trippeo also makes use of non-identifiable information gathered for statistical purposes to keep track of the number of visits to the Services and Website pages with a view to introducing improvements and improve usability of our Services. We may share this type of statistical data so that our partners also understand how often people use our Services, so that they, too, may provide you with an optimal experience. Your IP address and other relevant non-identifiable information may be used in order to trace any fraudulent or criminal activity or any activity in violation of the Terms.

    Cookies and related technologies

    Trippeo uses tracking technology (“cookies”) on the Website, in the Applications, and in the Platforms, including mobile application identifiers and a unique account ID to help us recognize you across different Services. By visiting the Website or using the Services you agree to the use of cookies in your browser and HTML-based emails. Cookies are small text files placed on your device when you visit a web site, in order to track use of the site and to improve your user experience.

    Session Cookies

    The Services use “session cookies”, which improve your user experience by storing certain information from your current visit on your device, such as log-in information. These enable us to remember your log-in session so you can move easily within the Website or the Services. Without these cookies, we wouldn’t be able to provide the Services to you. These session cookies have limited functionalities and expirations, and you will be required to re-enter your Trippeo log-in information after a certain period of time has elapsed to protect you against others accidentally accessing your account contents and related Personal Information.

    When we may share Personal Information

    Except as provided in the next paragraphs and elsewhere in this Privacy Policy, Trippeo does not divulge any Personal Information gathered via the Services to third parties.

    Notwithstanding anything in the Privacy Policy to the contrary, we may share any information we have collected about you or that you have submitted:

    • when you explicitly consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing;
    • where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands;
    • if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person;
    • if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Services generally);
    • to a parent company, subsidiaries, joint ventures, or other companies under common control with Trippeo;
    • if we are acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Privacy Policy or inform you that you are covered by a new privacy policy); and
    • if this information is not private, is aggregated or is otherwise non-personal information.

    Subject to confidentiality obligations consistent with this Privacy Policy, we may also disclose information to our affiliates, agents, contractors, and service providers in order to facilitate the functioning of the Services or to perform tasks that are integral to the Services, such as processing transactions, fulfilling requests for information, or providing support services or other tasks, from time to time. Information may also be transferred from Trippeo to the third parties in control of the Supported Platforms, but only to the extent required in order for the Services to function properly.

    Children

    Protecting the safety of children when they use the Internet is very important to us. Our Services should only be accessed by individuals of Minimum Age. “Minimum Age” may mean different ages in different countries, depending on where the individual accesses the services. For reference, “Minimum Age” shall mean (a) 14 years old for the United States, Canada, Germany, Spain, Australia, and South Korea; and (b) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Trippeo to lawfully provide the Services to you (including the collection, storage, and use of your information in accordance with this Privacy Policy), then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

    Security

    We use industry best practices to keep any information collected and/or transmitted to the Supported Platforms or Third-Party Apps secure. This includes the use of HTTPS with TLS (Transport Layer Security), which encrypts all transmitted data, and OAuth 2.0 protocols for authentication and data transfer.

    Certain Personal Information, most notably Trippeo log-in details, is encrypted during transmission using TLS. Once validated within our system, passwords are deleted from our system. In addition, Trippeo uses third-party vendors and hosting partners such as Azure to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. These vendors have been selected for their high standards of both physical and technological security, including ISO and SSAE16 certifications.

    When payments are processed via credit card, Trippeo uses third-party vendors that are PCI-DSS Compliant. At no point does Trippeo have access to your credit card information.

    You should bear in mind that submission of information over the Internet is never entirely secure. We cannot guarantee the security of information you submit via the Services whilst it is in transit over the Internet and any such submission is at your own risk, and this risk is specifically disclaimed in our Terms.

    If you are a Logged-in User, it is advisable that you log out of your account at the end of every session and not leave a logged-in account unattended for any period of time, particularly if you use a shared computer or device.

    Information storage and international transfers

    Trippeo aligns itself with the Safe Harbor privacy principles as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer and other processing of Personal Data transferred from the European Economic Area (“EEA”) or Switzerland to the United States. While Trippeo itself is not certified by the US Department of Commerce, the information that you submit via the Services is hosted on secure servers by Amazon Web Services located in the United States that are certified under the Safe Harbor Scheme for transfers of Personal Information outside the European Economic Area. Safe Harbor is an EU-recognized program that provides a way for US businesses to demonstrate that they provide adequate protection for personal information transferred to it according to EU data protection standards. Further information on Safe Harbor is available from the US Department of Commerce's website.

    Email preferences

    Trippeo uses email as the primary mode of communications with our users. We want to respect your privacy by only sending emails of interest to you. Please let us know if you have communication preferences and we will do our best to make the necessary adjustments.

    Your rights

    You can contact us to obtain a copy of the Personal Information held about you by us. This may be subject to a fee not exceeding any prescribed fee permitted by applicable law. You can also ask us to correct and, where relevant, erase that information. Please note that certain Personal Information may need to be retained by Trippeo for a period of time following cancellation of your account where this is necessary for our legitimate business purposes or required by applicable law. As mentioned above you have a right to change your email preferences at any time.

    Contacting us

    If you have any questions about this Privacy Policy, please contact:

    Trippeo Technologies, Inc.
    #1111 - 207 W Hastings Street
    Vancouver, BC V6B 1H7
    Canada

    © Trippeo Technologies, Inc 2014

    Terms and Conditions

    Last modified August 9, 2014



    Welcome to Trippeo. These terms and conditions ("Terms of Service" or "Agreement") govern your access to and use of Trippeo Technologies Inc.’s ("Trippeo") mobile services and website accessible via www.trippeo.com, including successor domain names or sites, and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (as defined below).

    BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE "ACCEPTING" AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH TRIPPEO’S PRIVACY POLICY.

    Wherever used in these Terms of Service, "you", "your", "Customer", or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

    Trippeo reserves the right, at any time, to update and change any or all of these Terms of Service, in its sole discretion, including but not limited to the fees and charges associated with the use of the Services. If Trippeo does so, it will post the modified Terms of Service on the Site, though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: https://www.trippeo.com/terms. When Trippeo changes these Terms of Service, Trippeo will modify the "Last Modified" date above.

    1. Definitions

    "Authorization Form" means a document issued by Trippeo and executed or otherwise agreed upon by authorized representatives of the Parties which specifies, among other things, a description of the Services, the Fees (as defined below), the number of user licences purchased, the Term (as defined below), and any other details specifically related to the Services.

    "Authorized Users" means individuals who are directly accessing the Services via an online sign-up process, or individual users authorized by the company to use the Services and who you have supplied user identifications and passwords to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any Trippeo competitor.

    "Customer Information" means all information and data (including receipts, expense details, location, images, and documents) or any other content in any media and format provided or made available to Trippeo by or on your behalf in relation to the use of the Services.

    "Fair Use Policy" means the limits placed on usage as described in Section 2.6.

    "Seat" means a single subscription associated with a single log-in to the Site, assigned to one Authorized User.

    "Services" means the Trippeo web and mobile services made available via Trippeo’s proprietary software delivered through the Site and mobile applications that provide for a single log-in, centralized web or mobile dashboard that enables you and Authorized Users to manage business travel and expenses.

    "Taxes" means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, custom duties, and assessments together with any installments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).

    2. Trippeo Services

    2.1 Services and Support.

    If you selected Trippeo Free services: During the Term (as defined below), subject to the terms and conditions of this Agreement, and solely for your personal or own business purposes, Trippeo shall use commercially reasonable efforts to make the Trippeo free services available to you. Trippeo will provide customers with standard email and phone support Monday to Friday from 9am to 5pm Pacific Time. Expected response times during support hours is 24 hours after a ticket has been submitted at http://trippeo.zendesk.com or via support@trippeo.com.

    2.2 Updates and Functionalities.

    You acknowledge that from time to time Trippeo may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, Trippeo shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the "Updates").

    2.3 Acceptable Use.

    You shall (i) be responsible for your and your Authorized Users’ compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Information and of the means by which you acquired or generated Customer Information; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping your password and user name confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the Services; (v) promptly notify Trippeo if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User’s) user name, password, or account; (vi) use the Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services. You must not (a) make the Services available to anyone other than to your Authorized Users; (b) allow more than one individual Authorized User to use a Seat; (c) sell, trade, or otherwise transfer your Seats to another party; (d) use the Services to store or transmit any content, including Customer Information, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (e) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (f) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (g) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (h) attempt to gain unauthorized access to the Services or its related systems or networks; or (i) authorize, permit, or encourage any third party to do any of the above.

    2.4 Fair Use Policy.

    Trippeo may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of Trippeo.

    2.5 Non-Exclusivity.

    You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Trippeo’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.

    3. Intellectual Property

    3.1 Trippeo Services.

    As between you and Trippeo, Trippeo retains all right, title, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Trippeo’s rights or interests therein or any other Trippeo intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by Trippeo. You may from time to time provide suggestions, comments or other feedback to Trippeo with respect to the Services ("Feedback"). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for Trippeo notwithstanding anything else. You shall, and hereby do, grant to Trippeo a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

    3.2 Customer Information.

    You grant Trippeo a limited, worldwide, non-exclusive, non-transferable (except as set forth in Section 9.1) license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Information for the purpose of supporting your use of the Services and providing Services to you. Trippeo may also use Customer Information for the purpose of supporting and developing the Site, provided that when doing so, Trippeo shall only use Customer Information in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you and your Authorized Users shall retain all right, title and interest in and to the Customer Information and all intellectual property rights therein. Nothing in this Agreement will confer on Trippeo any right of ownership or interest in the Customer Information or the intellectual property rights there

    3.3 Responsibility for Customer Information.

    You are solely responsible for the Customer Information that you or Authorized Users upload, share or otherwise make available via the Services, and you agree that Trippeo is only acting as a passive conduit for the management and reporting process of that Customer Information. Trippeo will not review, share, distribute, or reference any Customer Information except as provided herein, as provided in Trippeo’s privacy policy or as may be required by law. Notwithstanding the foregoing, Trippeo retains the authority to remove any Customer Information uploaded that it deems in violation of this Agreement, at its sole discretion.

    4. Term and Termination

    4.1 Trippeo Free Services.

    If you sign-up for a Trippeo Free account this Agreement shall commence on the day you access the Services for the first time and shall continue until your account is cancelled and you cease using our Services.

    4.2 Termination.

    If you violate the letter or spirit of these Terms of Service, abuse the Services, or otherwise create risk or possible legal exposure to Trippeo, Trippeo can terminate or suspend your Trippeo Account at our sole discretion. Trippeo will notify you by email or at the next time you attempt to access your account.

    4.3 Effects of Termination.

    Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services; (ii) you will have no further access to your accounts provided by Trippeo; and (iii) you will pay Trippeo all unpaid amounts owing to Trippeo.

    4.4 Survival.

    Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.

    5. Warranty Disclaimer

    SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, TRIPPEO EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRIPPEO SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, TRIPPEO DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRIPPEO OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. TRIPPEO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND MENTIONS, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. TRIPPEO DOES NOT CONTROL OR VET CUSTOMER INFORMATION AND IS NOT RESPONSIBLE FOR WHAT UPLOAD, EXPENSE, OR SHARE THROUGH THE SERVICES. TRIPPEO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES. TRIPPEO EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IF YOU ARE DISSATISFIED OR HARMED BY TRIPPEO OR ANYTHING RELATED TO TRIPPEO, YOU MAY CANCEL YOUR TRIPPEO ACCOUNT AND TERMINATE THIS AGREEMENT AS APPLICABLE, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND TRIPPEO’S SOLE AND EXCLUSIVE LIABILITY).

    6. Indemnification

    6.1 Your Indemnification.

    You shall defend, indemnify, and hold harmless Trippeo, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that the Customer Information or your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; (b) relating to, or arising from, Customer Information.

    7. Limitation of Liability

    SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRIPPEO’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) THE FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) US$500. TRIPPEO DOES NOT OFFER ANY WARRANTY OR REMEDIES FOR THE INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE SERVICES.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIPPEO, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL TRIPPEO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

    THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF TRIPPEO WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF TRIPPEO FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TRIPPEO, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF TRIPPEO; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

    8. General

    8.1 Assignment.

    You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of Trippeo (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. Trippeo may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. Trippeo may also substitute, by way of unilateral novation, effective upon notice to you, Trippeo Technologies, Inc. for any third party that assumes our rights and obligations under this Agreement.

    8.2 Amendment.

    Trippeo reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on the Trippeo website or notifying you otherwise. Your continued use of the Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by Trippeo as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by Trippeo and you.

    8.3 Severability.

    Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.

    8.4 Notices.

    For purposes of service messages and notices about the Services, Trippeo may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Trippeo to an email address associated with your account, even if Trippeo has other contact information. You also agree that Trippeo may communicate with you through your Trippeo account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Trippeo account or services associated with Trippeo. You acknowledge and agree that Trippeo shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may provide legal notice to Trippeo via email (hello@trippeo.com) with a duplicate copy sent via registered mail to Trippeo Technologies, Inc. #1111 - 207 W Hastings Street, Vancouver, BC, V6B 1H7. The email address provided may be updated as part of any update to these Terms of Service.

    8.5 Waivers.

    No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.

    8.6 Nature of Relationship.

    No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

    8.7 Force Majeure.

    Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.

    8.8 Governing Law.

    This Agreement and your relationship with Trippeo shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of British Columbia, Canada and shall be considered to have been made and accepted in British-Columbia, Canada, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of British Columbia in Vancouver. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.

    8.9 Entire Agreement.

    The terms of this Agreement, together with any applicable Authorization Form, all exhibits, and Trippeo’s privacy policy and copyright policy, constitute the entire agreement between the parties with respect to the use of the Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. In the event of any conflict between this Agreement and the terms of an Authorization Form, the provisions of the Authorization Form shall prevail. The terms of this Agreement will apply to all orders you submit to Trippeo for Trippeo accounts and shall supersede any additional terms, which may be incorporated in a purchase order form, or any other form you generate. Any such terms shall be null and void.

    Security

    We take security seriously

    Your data is encrypted the moment you sign up. This holds true for all communication between your internet browser and our servers, our servers and our partners, and all communications our servers do between themselves. Our servers have SSL Certificates signed by global leaders in certificates, so all data transferred between the users and the service is encrypted. The encryption is the same as that used for Internet banking.

    Trippeo does not store your credit card details

    If you choose to connect your bank or credit card, your bank or credit card details are not stored by Trippeo and cannot be accessed by Trippeo staff. Your credit card details are encrypted and securely stored by Yodlee Inc. to enable Trippeo to automatically gather your bank or credit card transactions on a recurring basis.

    Data protection and backup

    Our service has been designed for high user availability, with redundancy built into every level of our hosting infrastructure. All customer data is backed up daily. We go to great lengths to comply with legislation covering the security and privacy of data about you as an individual, and the financial data relating to your organization, in all the major countries where Trippeo is available.