1. Introduction
Welcome to MiTravel (“MiTravel”, “Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our site located at https://mitravelapp.com (the “Site”). Our Privacy Policy also governs your use of the Site and explains how we collect, safeguard, and disclose information that results from your use of the Site. Please read it here at https://mitravelapp.com/privacy-policy.
Your agreement with us includes these Terms and our Privacy Policy (the “Agreements”). You acknowledge that you have read, understood, and agreed to be bound by the Agreements. We reserve the right to revise the Agreements at any time. When we make the revisions, we will post them here. Your continued use of the Site shall be considered your consent to any revisions to the Agreements. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Site. The Agreements apply to all visitors, users, and others who wish to access or use the Site.
2. Cookie Policy
The Site uses cookies. A cookie is a small text file which is stored on your computer, tablet, or phone when you visit a website. These cookies allow us to distinguish you from other users of the Site and helps us to provide you with a good experience when you browse the Site.
There are two main types of cookie:
- Session cookies: these are deleted when you finish browsing a website and are not stored on your computer longer than this.
- Persistent cookies: these are stored on your computer after you have finished using a website so that the website provider can remember your preferences the next time you use it.
Cookies can be set by the website you have browsed, i.e. the website displayed in the uniform resource locator window. These are called first-party cookies. Third-party cookies are set by a website other than the one you are browsing.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org .
If you continue to use the Site, we will assume that you are happy to receive all cookies from the Site. However, if you would prefer to change your cookie settings, you can do so at any time.
Most browsers automatically accept cookies unless you change your internet browser settings. If you wish to restrict, block, or delete the cookies which are set by any websites, you can generally do this through your browser settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser.
If you set your internet browser preferences to block all cookies, you may not be able to access all or parts of the Site.
If you delete cookies relating to the Site, we will not remember things about you, including your cookie preferences, and you will be treated as a first-time visitor the next time you visit the Site.
If you have any questions or comments regarding this cookie policy, please email hello@mitravelapp.com.
3. Purchases
If you wish to purchase any product or service made available through the Site (the “Purchase(s)”), you may be asked to supply certain information relevant to the Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of the Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraudulent, unauthorized, or illegal transaction is suspected.
4. Subscriptions
Some of the Purchases are billed on a subscription basis (the “Subscription(s)”). You will be billed in advance on a recurring and periodic basis (the “Billing Cycle(s)”). The Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing the Subscription.
At the end of the Billing Cycle, the Subscription will automatically renew under the exact same conditions unless you cancel or MiTravel cancels it. You may cancel the Subscription renewal either through your online account management page or by contacting MiTravel’s customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide MiTravel with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize MiTravel to charge the Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, MiTravel will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5. Free Trial
MiTravel may, at its sole discretion, offer the Subscription with a free trial for a limited period (the “Free Trial”). You may be required to enter your billing information to sign up for the Free Trial. If you enter your billing information when signing up for the Free Trial, you will not be charged by MiTravel until the Free Trial has expired. On the last day of Free Trial period, unless you cancelled the Subscription, you will be automatically charged fees for the Subscription you have selected.
At any time and without notice, MiTravel reserves the right to (i) modify Terms of Service of the Free Trial offer, or (ii) cancel the Free Trial offer.
6. Fee Changes
MiTravel, in its sole discretion and at any time, may modify fees for the Subscriptions. Any fee changes to the Subscription will become effective at the end of the then-current Billing Cycle.
MiTravel will provide you with a reasonable prior notice of any change in the Subscription fees to give you an opportunity to terminate the Subscription before such change becomes effective.
Your continued use of the Site after the Subscription fee change constitutes your agreement to pay the modified Subscription fee amount.
7. Refunds
Except when required by law, fees paid for the Subscription are non-refundable.
8. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Site:
a) In any way that violates any applicable national or international law or regulation.
b) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
d) To impersonate or attempt to impersonate MiTravel, a MiTravel employee, another user, or any other person or entity.
e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm or offend MiTravel or users of Service or expose them to liability.
Additionally, you agree not to:
a) Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
b) Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
c) Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without MiTravel’s prior written consent.
d) Use any device, software, or routine that interferes with the proper working of the Site.
e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
g) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
h) Take any action that may damage or falsify MiTravel’s rating.
i) Otherwise attempt to interfere with the proper working of the Site.
9. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of MiTravel, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms of Service. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.
10. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with the Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username i) the name of another person or entity or that is not lawfully available for use or ii) a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to terminate accounts in our sole discretion.
9. Intellectual Property
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Site are copyrights, trademarks, service marks, trade dress, and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled, or licensed by MiTravel.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. MitTravel aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of MiTravel may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior, written permission from MiTravel.
MiTravel prohibits use of any logo of MiTravel or any of its affiliates as part of a link to or from any website unless MiTravel approves such link in advance and in writing. Fair use of the Intellectual Property requires proper acknowledgment. Other product and company names mentioned on the Site may be the intellectual property of their respective owners.
12. Links To Third-Party Websites
The Site may contain links to websites owned or operated by parties other than MiTravel. Such links are provided for your reference only. MiTravel does not monitor or control outside websites and is not responsible for their content.
MiTravel’s inclusion of links to an outside website does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator or sponsor, nor does MiTravel’s inclusion of the links imply that MiTravel is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
YOU ACKNOWLEDGE AND AGREE THAT MITRAVEL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
13. Disclaimer Of Warranty
THE SITE IS PROVIDED BY MITRAVEL ON AN “AS IS” AND “AS AVAILABLE” BASIS. MITRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY SERVICES OR ITEMS OBTAINED FROM MITRAVEL IS AT YOUR SOLE RISK.
NEITHER MITRAVEL NOR ANY PERSON ASSOCIATED WITH MITRAVEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MITRAVEL NOR ANYONE ASSOCIATED WITH MITRAVEL REPRESENTS OR WARRANTS THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MITRAVEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, PROVINCIAL, OR MUNICIPAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MITRAVEL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MITRAVEL, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms of Service.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Governing Law
The Terms of Service shall be governed and construed in accordance with the laws of the Province of British Columbia.
Our failure to enforce any right or provision of the Terms of Service will not be considered a waiver of those rights. If any provision of the Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of the Terms of Service will remain in effect. The Terms of Service constitute the entire agreement between us regarding the Site and supersede and replace any prior agreements we might have had between us regarding the Site.
17. Changes To The Site
We reserve the right to amend the Site, and any service or material we provide via the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
18. Indemnification
You agree to defend, indemnify, and hold MiTravel harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site or any contracts or services you purchase from MiTravel.
17. Contact Us
Please send your feedback, comments, requests for technical support:
By email: hello@mitravelapp.com.
