Terms of Use
Rome2rio Pty. Ltd.
Terms of Use
Agreement
This Agreement was
last revised on February 24, 2010.
Recent updates to this Agreement
Welcome to rome2rio.com,
the website and online service of Rome2rio, Pty. Ltd. ("Rome2rio"
"we," or "us"). This page explains the terms by which you
may use our web site, web widgets, feeds, mobile device software applications
(collectively, the "Rome2rio Software"), applications for third-party
web sites and services, and any other mobile or web services or applications
owned, controlled, or offered by Rome2rio (including through social networking
sites such as Twitter or Facebook) (collectively the “Service”). By accessing
or using the Service, you signify that you have read, understood, and agree to
be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a
registered user of our Service.
We reserve the
right to amend this Agreement at any time by notifying you as provided in this
Agreement, provided that no notice shall be required for non-substantive
changes to the Agreement. If we substantively amend this Agreement, we will
give you at least seven (7) days notice before the
changes take effect, during which period of time you may reject the changes by
terminating your account. Your continued use of the Service after any such
change constitutes your acceptance of the new Terms of Use. If you do not agree
to any of these terms or any future Terms of Use, do not use or access (or
continue to access) the Service. This Agreement applies to all visitors, users,
and others who access the Service (“Users”).
Use of Our Service
Rome2rio provides a
place for you to find travel information and connect with fellow traveller.
Eligibility
This Service is
intended solely for Users who are thirteen (13) years of age or older, and any
registration, use or access to the Service by anyone under 13 is strictly
prohibited and in violation of this Agreement. If you are under 18 years of age
you may use the Service only if you either are an emancipated minor or possess
legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply with this
Agreement. The Service is not available to any Users previously removed from
the Service by Rome2rio.
Member Accounts
You do not have to
register in order to visit Rome2rio. To access certain features of the Service,
though, such as posting content, you will need to register with Rome2rio and
create a “Member” account. Your Member account gives you access to the services
and functionality that we may establish and maintain from time to time and in
our sole discretion.
You may never use
another Member’s account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account
password secure. You must notify Rome2rio immediately of any breach of security
or unauthorized use of your account. Rome2rio will not be liable for any losses
caused by any unauthorized use of your account.
You may control
your Member profile and how you interact with the Service by changing the
settings in your Preferences page. By providing Rome2rio your email address you
consent to our using the email address to send you Service-related notices,
including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes
to features of the Service and special offers. If you do not want to receive
such email messages, you may opt out or change your preferences in your
Preferences page. Opting out may prevent you from receiving email messages
regarding updates, improvements, or offers.
Service Rules
You agree not to
engage in any of the following prohibited activities: (i) copying,
distributing, or disclosing any part of the Service in any medium, including
without limitation by any automated or non-automated “scraping”; (ii) using any
automated system, including without limitation “robots,” “spiders,” “offline
readers,” etc., to access the Service in a manner that sends more request
messages to the Rome2rio servers than a human can reasonably produce in the
same period of time by using a conventional on-line web browser (except that Rome2rio
grants the operators of public search engines revocable permission to use
spiders to copy materials from rome2rio.com for the sole purpose of and solely
to the extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials); (iii)
transmitting spam, chain letters, or other unsolicited email; (iv) attempting
to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (v) taking any action
that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (vi) uploading invalid
data, viruses, worms, or other software agents through the Service; (vii)
collecting or harvesting any personally identifiable information, including
account names, from the Service; (viii) using the Service for any commercial
solicitation purposes; (ix) impersonating another person or otherwise
misrepresenting your affiliation with a person or entity, conducting fraud,
hiding or attempting to hide your identity; (x) interfering with the proper
working of the Service; (xi) accessing any content on the Service through any
technology or means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict access to the
Service, including without limitation features that prevent or restrict use or
copying of any content or enforce limitations on use of the Service or the
content therein.
Accessing the audiovisual content available on the Service for any
purpose or in any manner other than Streaming (as defined below) is expressly
prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Rome2rio Service
to a User’s device in such a manner that the data is intended for real-time
viewing and not intended to be copied, stored, permanently downloaded, or
redistributed by the User.
Rome2rio may
permanently or temporarily terminate, suspend, or otherwise refuse to permit
your access to the Service without notice and liability for any reason,
including if in Rome2rio's sole determination you violate any provision of this
Agreement, or for no reason. Upon termination for any reason or no reason, you
continue to be bound by this Agreement.
All aspects of the
Service are subject to change or elimination at Rome2rio's sole discretion. Rome2rio
reserves the right to interrupt the Service with or without prior notice for
any reason or no reason. You agree that Rome2rio will not be liable to you for
any interruption of the Service, delay or failure to perform.
You are solely
responsible for your interactions with other Rome2rio Users. We reserve the
right, but have no obligation, to monitor disputes between you and other Users.
Rome2rio shall have no liability for your interactions with other Users, or for
any User’s action or inaction.
User Content
Some areas of the
Service may allow Users to post content such as feedback, comments, questions,
blog posts, travel information, videos, photographs, images, and other
information (“User Content”). You are solely responsible for your User Content
that you upload, publish, display, link to or otherwise make available
(hereinafter, “post”) on the Service, and you agree that we are only acting as
a passive conduit for your online distribution and publication of your User
Content. You understand that whether or not such User Content published, Rome2rio
does not guarantee any confidentiality with respect to any User Content.
You agree not to
post User Content that: (i) may create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability, disfigurement, or physical or
mental illness to you, to any other person, or to any animal; (ii) may create a
risk of any other loss or damage to any person or property; (iii) seeks to harm
or exploit children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; (iv) may constitute or contribute
to a crime or tort; (v) contains any information or content that we deem to be
unlawful, harmful, abusive, racially or ethnically offensive, defamatory,
infringing, invasive of personal privacy or publicity rights, harassing,
humiliating to other people (publicly or otherwise), libelous,
threatening, profane, or otherwise objectionable; (vi) contains any information
or content that is illegal (including, without limitation, the disclosure of
insider information under securities law or of another party’s trade secrets);
(vii) contains any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships; or
(viii) contains any information or content that you know is not correct and
current. You agree that any User Content that you post does not and will not
violate third-party rights of any kind, including without limitation any
Intellectual Property Rights (as defined below), rights of publicity and privacy.
To the extent that your User Content contains music, you hereby represent that
you are the owner of all the copyright rights, including without limitation the
performance, mechanical, and sound recordings rights, with respect to each and
every musical composition (including lyrics) and sound recording contained in
such User Content and have the power to grant the license granted below. Rome2rio
reserves the right, but is not obligated, to reject and/or remove any User
Content that Rome2rio believes, in its sole discretion, violates these
provisions. You understand that publishing your User Content on the Service is
not a substitute for registering it with the U.S. Copyright Office, the
Writer’s Guild of America, or any other rights organization.
For the purposes of
this Agreement, “Intellectual Property Rights” means all patent rights,
copyright rights, mask work rights, moral rights, rights of publicity,
trademark, trade dress and service mark rights, goodwill, trade secret rights
and other intellectual property rights as may now exist or hereafter come into
existence, and all applications therefore and registrations, renewals and
extensions thereof, under the laws of any state, country, territory or other
jurisdiction.
Rome2rio takes no
responsibility and assumes no liability for any User Content that you or any
other User or third party posts or sends over the Service. You shall be solely
responsible for your own User Content and the consequences of posting or
publishing it. You understand and agree that any loss or damage of any kind
that occurs as a result of the use of any User Content that you send, upload,
download, stream, post, transmit, display, or otherwise make available or
access through your use of the Service, is solely your responsibility. In connection
with your User Content, you affirm, represent and warrant the following:
You are at least 18
years of age and have not been previously removed from the Service, or if you
are under 18 years of age you are either an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply with this
Agreement.
You have the written
consent of each and every identifiable natural person in the User Content to
use such person’s name or likeness in the manner contemplated by the Service
and this Agreement, and each such person has released you from any liability
that may arise in relation to such use.
Your User Content
and Rome2rio's use thereof as contemplated by this Agreement and the Service
will not infringe any rights of any third party, including but not limited to
any Intellectual Property Rights, privacy rights and rights of publicity.
Rome2rio may
exercise the rights to your User Content granted under this Agreement without
liability for payment of any guild fees, residuals, payments, fees, or
royalties payable under any collective bargaining agreement or otherwise.
To the best of your
knowledge, all your User Content and other information
that you provide to us is truthful and accurate.
Rome2rio is not
responsible for any public display or misuse of your User Content. You
understand and acknowledge that you may be exposed to User Content that is
inaccurate, offensive, indecent, objectionable, or inappropriate for children,
and you agree that Rome2rio shall not be liable for any damages you allege to
incur as a result of such User Content.
User Content
License Grant
You retain all your
ownership rights in your User Content. By posting any User Content on the
Service, you expressly grant, and you represent and warrant that you have a
right to grant, to Rome2rio a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative works of
all such User Content and your name, voice, and/or likeness as contained in
your User Content, in whole or in part, and in any form, media or technology,
whether now known or hereafter developed, for use in connection with the
Service. You also hereby grant each User of the Service a non-exclusive license
to access your User Content through the Service, and to use, reproduce,
distribute, display and perform such User Content as permitted through the
functionality of the Service and under this Agreement.
The above licenses
granted by you in your User Content terminate within a commercially reasonable
time after you remove or delete your User Content from the Service. You
understand and agree, however, that Rome2rio may retain, but not display,
distribute, or perform, server copies of User Content that have been removed or
deleted. The above licenses granted by you in User Content for which the
Service does not provide you a means to delete or remove are perpetual and
irrevocable.
End User License
Grant
Rome2rio Service. Subject to the terms and conditions of this
Agreement, you are hereby granted a non-exclusive, limited, non-transferable,
freely revocable, license to use the Service for your personal, noncommercial use only. Rome2rio reserves all rights not
expressly granted herein in the Service and the Rome2rio Content (as defined below).
Rome2rio may terminate this license at any time for any reason or no reason.
Rome2rio Software. To use the Rome2rio Software you must have a
mobile device that is compatible with the Rome2rio Service. Rome2rio does not
warrant that the Rome2rio Service will be compatible with your mobile device.
(1) License Grant. Rome2rio
hereby grants you a non-exclusive, non-transferable, revocable license to use a
compiled code copy of the Rome2rio Software for one Rome2rio Member account on
one mobile device owned or leased solely by you, for your personal use.
(2) Restrictions.
You may not: (i) modify, disassemble, decompile or reverse engineer the Rome2rio
Software, except to the extent that such restriction is expressly prohibited by
law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise
transfer the Rome2rio Software to any third party or use the Rome2rio Software
to provide time sharing or similar services for any third party; (iii) make any
copies of the Rome2rio Software; (iv) remove, circumvent, disable, damage or
otherwise interfere with security-related features of the Rome2rio Software,
features that prevent or restrict use or copying of any content accessible
through the Rome2rio Software, or features that enforce limitations on use of
the Rome2rio Software; or (v) delete the copyright and other proprietary rights
notices on the Rome2rio Software.
(3) Software
Upgrades. You acknowledge that Rome2rio may from time to time issue upgraded
versions of the Rome2rio Software, and may automatically electronically upgrade
the version of the Rome2rio Software that you are using on your mobile device.
You consent to such automatic upgrading on your mobile device, and agree that
the terms and conditions of this Agreement will apply to all such upgrades.
(4) Third-Party
Code. Any third-party code that may be incorporated in the Rome2rio Software is
covered by the applicable open source or third-party license EULA, if any,
authorizing use of such code.
(5) Rights
Reserved. The foregoing license grant is not a sale of the Rome2rio Software or
any copy thereof, and Rome2rio or its third party partners or suppliers retain
all right, title, and interest in the Rome2rio Software (and any copy thereof).
Any attempt by you to transfer any of the rights, duties or obligations
hereunder, except as expressly provided for in this Agreement, is void. Rome2rio
reserves all rights not expressly granted under this Agreement.
(6) Government End
Users. If the Rome2rio Software is being acquired on behalf of the United
States Government, then the following provision applies. Use, duplication, or
disclosure of the Rome2rio Software by the U.S. Government is subject to
restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a)
and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR
12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
(7) Rome2rio Software
from iTunes. The following applies to any Rome2rio Software you acquire from
the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that
this Agreement is solely between you and Rome2rio, not Apple, and that Apple
has no responsibility for the iTunes-Sourced Software or content thereof. Your
use of the iTunes-Sourced Software must comply with the App Store Terms of
Service. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase
price for the iTunes-Sourced Software to you; to the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the iTunes-Sourced Software, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be solely governed by this Agreement and any law
applicable to Rome2rio as provider of the software. You acknowledge that Apple
is not responsible for addressing any claims of you or any third party relating
to the iTunes-Sourced Software or your possession and/or use of the
iTunes-Sourced Software, including, but not limited to: (i) product liability
claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation; and all such claims are governed
solely by this Agreement and any law applicable to Rome2rio as provider of the
software. You acknowledge that, in the event of any third party claim that the
iTunes-Sourced Software or your possession and use of that iTunes-Sourced
Software infringes that third party’s intellectual property rights, Rome2rio,
not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement. You and Rome2rio
acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of this Agreement as relates to your license of the
iTunes-Sourced Software, and that, upon your acceptance of the terms and
conditions of this Agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this Agreement as relates to your license
of the iTunes-Sourced Software against you as a third party beneficiary
thereof.
Our Proprietary
Rights
Except for your
User Content, the Service and all materials therein or transferred thereby,
including, without limitation, software, images, text, graphics, illustrations,
logos, patents, trademarks, service marks, copyrights, photographs, audio,
videos, music, and User Content (the "Rome2rio Content"), and all
Intellectual Property Rights related thereto, are the exclusive property of Rome2rio
and its licensors. Except as explicitly provided herein, nothing in this Agreement
shall be deemed to create a license in or under any such Intellectual Property
Rights, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit
or create derivative works from any materials or content accessible on the
Service. Use of the Rome2rio Content or materials on the Service for any
purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to
or we may invite you to submit comments or ideas about the Service, including
without limitation about how to improve the Service or our products (“Ideas”).
By submitting any Idea, you agree that your disclosure is gratuitous,
unsolicited and without restriction and will not place Rome2rio under any
fiduciary or other obligation, and that we are free to use the Idea without any
additional compensation to you, and/or to disclose the Idea on a
non-confidential basis or otherwise to anyone. You further acknowledge that, by
acceptance of your submission, Rome2rio does not waive any rights to use
similar or related ideas previously known to Rome2rio, or developed by its
employees, or obtained from sources other than you.
Privacy
We care about the
privacy of our Users. Click here to view our Privacy Policy.
By using the Service, you are consenting to have your personal data collected,
used, transferred to and processed in the United States.
Security
We have implemented
commercially reasonable technical and organizational measures designed to
secure your personal information from accidental loss and from unauthorized
access, use, alteration or disclosure. However, we cannot guarantee that
unauthorized third parties will never be able to defeat those measures or use
your personal information for improper purposes. You acknowledge that you
provide your personal information at your own risk.
Third-Party Links
The Service may
contain links to third-party websites, advertisers, services, special offers,
or other events or activities that are not owned or controlled by Rome2rio.
Such third party websites may include sites that collect and process your
credit card information or sites through which you may purchase travel
arrangements. Rome2rio does not endorse or assume any responsibility for any
such third-party sites, information, materials, products, or services. If you
access a third party website from the Service, you do so at your own risk, and
you understand that this Agreement and Rome2rio’s Privacy Policy do not apply
to your use of such sites. You expressly relieve Rome2rio from any and all
liability arising from your use of any third-party website, service, or
content. Additionally, your dealings with or participation in promotions of
advertisers found on the Service, including payment and delivery of goods, and
any other terms (such as warranties) are solely between you and such
advertisers. You agree that Rome2rio shall not be responsible for any loss or
damage of any sort relating to your dealings with such advertisers.
Indemnity
You agree to
defend, indemnify and hold harmless Rome2rio and its subsidiaries, agents,
licensors, managers, and other affiliated companies, and their employees,
contractors, agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of
and access to the Service, including any data or content transmitted or
received by you; (ii) your violation of any term of this Agreement, including without
limitation your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any
right of privacy, publicity rights or Intellectual Property Rights; (iv) your
violation of any law, rule or regulation of the United States or any other
country; (v) any claim or damages that arise as a
result of any of your User Content or any that is submitted via your account;
or (vi) any other party’s access and use of the Service with your unique
username, password or other appropriate security code.
No Warranty
THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROME2RIO OR THROUGH
THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT
LIMITING THE FOREGOING, ROME2RIO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT, INCLUDING WITHOUT LIMITATION ANY FLIGHT OR TRAVEL
INFORMATION ON THE SERVICE, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD.
ROME2RIO DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ROME2RIO SERVICE OR
ANY HYPERLINKED WEBSITE OR SERVICE, AND ROME2RIO WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
Limitation of
Liability
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROME2RIO, ITS AFFILIATES,
AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE,
THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ROME2RIO BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED
ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
THEREIN.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ROME2RIO ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE
SERVICE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY AND/OR (VIII) ANY CHARGES OR FEES INCURRED AS A RESULT OF
INACCURATE OR INCOMPLETE TRAVEL INFORMATION, INCLUDING WITHOUT LIMITATION
CANCELLATION, HOTEL, OR TICKET-RELATED FEES, RESULTING FROM YOUR USE OF THE
SERVICE. IN NO EVENT SHALL ROME2RIO, ITS AFFILIATES, AGENTS, DIRECTORS,
EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT
EXCEEDING THE AMOUNT YOU PAID TO ROME2RIO HEREUNDER.
THIS LIMITATION OF
LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ROME2RIO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
Assignment
This Agreement, and
any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Rome2rio without restriction.
General
Arbitration. For any claim (excluding claims for injunctive or other equitable
relief) under this Agreement where the total amount of the award sought is less
than $10,000, the party requesting relief may elect to resolve the dispute
through binding non-appearance-based arbitration. The party electing such
arbitration shall initiate the arbitration through an established alternative
dispute resolution ("ADR") provider mutually agreed upon by the
parties. The ADR provider and the parties must comply with the following rules:
a) the arbitration shall be conducted by telephone, online and/or be solely
based on written submissions, as selected by the party initiating the
arbitration; b) the arbitration shall not involve any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties; and
c) any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
Notification Procedures. Rome2rio may provide notifications,
whether such notifications are required by law or are for marketing or other
business related purposes, to you via email notice, written or hard copy
notice, or through conspicuous posting of such notice on our website, as
determined by Rome2rio in our sole discretion. Rome2rio reserves the right to
determine the form and means of providing notifications to our Users, provided
that you may opt out of certain means of notification as described in this
Agreement. Rome2rio is not responsible for any automatic filtering you or your
network provider may apply to email notifications we send to the email address
you provide us. We recommend that you add [email protected] to your email
address book to help ensure you receive email notifications from us.
Entire Agreement/Severability. This Agreement, together with any
amendments and any documents referenced herein, shall constitute the entire
agreement between you and Rome2rio concerning the Service. If any provision of
this Agreement is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Rome2rio's failure to assert any
right or provision under this Agreement shall not constitute a waiver of such
right or provision.
If you have any
questions about this Agreement, the practices of this site, or your dealings
with this website, please contact us at [email protected], or send mail to:
Rome2rio Pty. Ltd.
5/90 Kavanagh St.
Southbank VIC 3006
Australia
None at this time.