Terms & Conditions

Last Updated on Jan 1, 2021

Thank you for using Pindrop Travel’s Application (the “Application” or “App”).

1.1. Purpose

The App is a platform that allows travelers to view, search, share, and book travel packages offered by licensed travel agents (the “Services”). Pindrop Travel does not sell travel services of any kind. The Pindrop Travel platform is an intermediary between travelers and travel agents. The App facilitates booking, payment, communication, and display of trips.

Travel agents registered and verified by Pindrop Travel are responsible for rates/fees/prices, availability, policies, conditions, and other relevant information displayed on the application. Travel agents are responsible for defining their respective travel package refund policy.

1.2. Agreement

When you use our Services, you are entering into a legal agreement and you agree to all of the terms outlined in this User Agreement (“User Agreement” or the “Agreement”).

You agree that by clicking “Register for An Account Today,” “Join,” “Sign Up,” “Login,” or anything similar, you are entering into a legally binding agreement. This User Agreement may be amended by Pindrop Travel from time to time. If you do not agree to this Agreement, do NOT click “Register”, “Join”, “Join Group”, “Sign Up”, “Login” (or similar) and do not access or otherwise use the App. Registered users of our Services are “Members” and unregistered users are “Visitors.” This Agreement applies to both Members and Visitors alike.

1.3 Downloading the App to Apple or Android Devices

You are downloading the App from either Apple Store or Google Play (“App Distributor”) and you agree to the following license information:

(1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable to your device, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service/user agreement;

(2) we are responsible for providing any maintenance and support services with respect to the App herein or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

(3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App;

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of this Agreement and in this App license contained in this Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App license contained in this Agreement against you as a third-party beneficiary thereof.

2. Obligations

2.1. Service Eligibility

Here are some legally binding promises that you make to us in this Agreement and through the use of our services and products:

You are eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the App, you agree that: (1) you are the “Minimum Age” (defined below) or older; (2) you will only have one Pindrop Travel account, which must be in your real and legal name; and (3) you are not already restricted by Pindrop Travel from using the services. “Minimum Age” means that you are of legal contracting age (generally, this is 18 years of age in most instances) in the jurisdiction in which you reside or are visiting.

2.2. Regarding Your Membership

You will keep your password a secret. You will not share an account with anyone else and will follow App rules and all applicable laws. As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts outlined below. You are responsible for anything that happens through your account unless you close it or report misuse.

2.4. Notices and Service Messages

You agree that we will use the App to provide you with important notices. Also, you agree certain additional information can be shared with us. If the contact information you provide is not up to date, you may miss out on these notices. You agree that we may provide notices to you in an email sent to an address you provided during registration, or through other means including mobile number, or telephone. You agree to keep your email and/or contact information up to date.

2.5. Messages and Sharing

When you share information on any of our products’ platforms, others may see, copy, and use that information. Our services allow messaging and sharing of information. Information and content that you share or post may be seen by other individuals, businesses or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as sending messages, are by default private, are only visible to the addressee(s).

We are not obligated to publish any information or content on the App and can remove it in our sole discretion, with or without notice. However, that will only occur should it rise to the level of being harmful to Pindrop Travel, the community, or an individual; or if Pindrop Travel is directed to do so by its professional advisors and/or a court with jurisdiction over it. You are obligated to follow local, state, federal, and any other applicable laws when sharing information including copyrights, trademarks, or intellectual property, etc. with friends or businesses and you take full responsibilities when sharing such information.

3. Rights and Limits

3.1. Your License to Pindrop Travel

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use it. You promise to only provide information and content that you have the right to share, and that your Pindrop Travel account will contain only information that is truthful. As between you and Pindrop Travel, you own the content and information that you submit to or post on Pindrop Travel, but you are granting Pindrop Travel the rights to use, copy, modify, distribute, publish, and process, information and content that you provide through Pindrop Travel, without any further consent, notice and/or compensation to you or others.

You agree that we may access, store and use any information that you provide in accordance with the terms of the privacy policy and your privacy settings. By submitting suggestions or other feedback regarding the App to Pindrop Travel, you agree that Pindrop Travel can use and share (but does not have to) such feedback for any purpose without compensation to you. Pindrop Travel may be required by law to remove certain information or content in certain cases.

3.2. App Availability and Loss of Data

We may change or discontinue the availability of the App with or without notice. We cannot promise to store or keep showing any information and content you have posted through the use of our products or services. Pindrop Travel is not under any obligations to you to preserve, store, restore, or recovery your information or your profile. You agree that you will not be compensated due to data loss and Pindrop Travel is not liable to recover data. Data may include, but not limited to, information you provided to Pindrop Travel such as posts, images, videos, photos, logos, or any other data stored by Pindrop Travel.

Pindrop Travel is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

3.3. Other Content, Sites and Apps

When you see, or use others' content and information posted on Pindrop Travel, including that supplied by verified travel agents, it is at your own risk. Third parties may offer their own products and services through Pindrop Travel, and we are not responsible for those third-party activities, services, products, promotions, and methods of practices. By using the services and products, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.

Pindrop Travel generally does not review content provided by travelers who use the App. Pindrop Travel will review and approve Trip Posts by Travel Agents prior to making publicly available. You agree that we are not responsible for contents unreviewed posted by individuals or businesses or for any damages as result of your use of or reliance on it.

You are responsible for deciding if you want to access the App using a third-party account such as Facebook©, Apple, Google, or other third-party accounts Pindrop Travel may link to in the future (“Third-Party Account”). Pindrop Travel does not post or access your third-party applications or information unless you decide to do so. Third-party applications and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Pindrop Travel is not responsible for these other sites and applications – which you are using at your own risk.

As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the App via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App.

You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

3.4. Limits

We have the right to limit how you connect and interact with the App. We're providing you notice about our intellectual property rights. Pindrop Travel reserves the right to restrict, suspend, or terminate your account on the App if Pindrop Travel believes that you may be in breach of this Agreement or law or are misusing the App (e.g. violating any Do and Don'ts outlined below.).

Pindrop Travel reserves all of its intellectual property rights in its services. For example, Pindrop Travel trademarks, service marks, graphics, and logos used in connection with Pindrop Travel are trademarks or registered trademarks of Pindrop Travel. Other trademarks and logos used in connection with Pindrop Travel’s services may be the trademarks of their respective owners.

4. Disclaimer and Limit of Liability

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of the App.

TO THE EXTENT ALLOWED UNDER LAW, PINDROP TRAVEL (AND THOSE THAT PINDROP TRAVEL WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE WEBSITE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2. Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PINDROP TRAVEL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PINDROP TRAVEL (AND THOSE THAT PINDROP TRAVEL WORKS WITH TO PROVIDE THE APP) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF PINDROP TRAVEL (AND THOSE THAT PINDROP TRAVEL WORKS WITH TO PROVIDE THE APP) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $500.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PINDROP TRAVEL AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PINDROP TRAVEL HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

4.3 Payment Processing and Refunds

Payment Processing

Pindrop Travel facilitates credit/debit card payments to its registered, licensed travel agents within the App. An App user who is a traveler and uses a registered, licensed travel agent pays Pindrop Travel a non-refundable service fee through Stripe’s payment processing system. The service fee is paid directly to Pindrop Travel. All other charges, including trip deposit and subsequent payments, are paid to the travel agent directly. Travel agents must register as a vendor to process payments within the App which is required. Travel agents will not be allowed to post trips within the application and accept payments outside the application.

Refund Policy

Travelers. Pindrop Travel collects a one-time non-refundable service fee. This fee shall not be refunded under any circumstances. Please refer to the refund policy as specified by travel agents for travel packages and their respective conditions for a refund. It is recommended that trip insurance be purchased by travelers.
Registered, Licensed Travel Agents. Pindrop Travel collects a non-refundable subscription fee paid monthly or annually from travel agents to gain access to the App. This fee shall not be refunded under any circumstances.

5. Pindrop Travel’s Intellectual Property Rights

Unless otherwise indicated, the App is Pindrop Travel’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content and the Marks.

6. Termination

We can each end this Agreement anytime and without any prior notice, authorization, or notification. On termination, you lose the right to access or use the App. You may contact Pindrop Travel to close your Pindrop Travel account permanently.

7. Dispute Resolution-Mandatory Arbitration, Venue, and Personal Jurisdiction

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this User Agreement (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

IF YOU DO NOT WANT THE INFORMAL NEGOTIATIONS, DELETE AND THEN PUT IN THE FOLLOWING; IF YOU DO WANT THE INFORMAL NEGOTIATIONS, DELETE THE PARAGRAPH DIRECTLY BELOW.

You agree that any dispute, controversy, or claim related to this User Agreement and/or your use of the App is subject to and must be submitted to Binding Arbitration as outlined below.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA webApp www.adr.org. Any and all disputes shall be submitted to AAA’s office that is geographically closest to Prince George County, Maryland. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Prince George County, Maryland. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Prince George County, Maryland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

8. General Terms

Here are some important details about how to read this Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and Pindrop Travel agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and Pindrop Travel agree to ask the court to remove that unenforceable part and still enforce the rest of this User Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the App) is the only agreement between us regarding the App and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Agreement, that does not mean that Pindrop Travel has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of the App) to anyone without our consent. However, you agree that Pindrop Travel may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the App.

Electronic Signatures. Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing.

HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

9. DOs” and “DON’Ts.”

9.1. Dos. You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real (legal) name on your profile;
Use the App in a responsible manner.

9.2. Don'ts. You agree that you will not:

Act dishonestly, irresponsibly, or in a defamatory way including by posting inappropriate, inaccurate, or objectionable content;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the App);
Use an image that is not your likeness or a head-shot photo for your profile;
Create a false identity on the App;
Create a profile for anyone other than yourself (a real person or a corporate entity);
Use or attempt to use another's profile or account;
Harass, abuse or harm another person or corporate entity;
Send spam or other communications that are not welcome to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, defamatory, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Post or send anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the services;
Create profiles or provide content that promotes escort services or prostitution;
Create or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data contained on App in connection with a service competitive with Pindrop Travel (as determined by Pindrop Travel);
Copy, modify or create derivative works of App, the services or any related technology (except as expressly authorized by Pindrop Travel);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by Pindrop Travel without our express written consent (e.g., representing yourself as an accredited Pindrop Travel representative or
Rent, lease, loan, trade, sell, or re-sell access to the App services or related any information or data;
Sell, sponsor, or otherwise monetize the App without Pindrop Travel’s express written consent;
Deep linking (or universal linking) the App, for any purpose other than to promote your profile on the App, without Pindrop Travel’s express written consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on the App;
Remove, cover or obscure any advertisement included on the App;
Use bots or other automated methods to access the services, add or download contacts, send or redirect messages;
Monitor the App availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the services;
Override any security feature on the App.

10. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. You will indemnify and hold Pindrop Travel harmless for any such violation by you of a third party’s intellectual property rights.

11. How to Contact Us

If you want to send us notices or service of process, please contact us ONLINE at: support@pindroptravel.com OR BY MAIL at: 8403 Colesville Road, Suite 1100, Silver Spring, 20910

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

12. Privacy & Sharing Information

We both, Pindrop Travel and You, agree to be bound by Pindrop Travel’s Privacy Policy.