Traveler Agreement

CAREFULLY READ THE FOLLOWING TERMS OF SERVICE FOR TRAVELERS AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT FOR TRAVELERS BY CLICKING THE BUTTON LABELED "SIGN UP." IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, LEAVE THE REGISTRATION PAGE WITHOUT HITTING "SIGN UP" BUTTON AND YOUR REGISTRATION WILL BE CANCELED

1. Background

This Travelers Agreement is an additional part of and is incorporated into the Terms of Use Agreement including the terms and conditions, rules, policies and guidelines available by hyperlink at the domain and sub-domains of www.Zicasso.com ("Agreement"). By clicking the "Sign up" button you are agreeing to be bound to this Traveler Agreement and the Agreement of which it is a part. This Travelers Agreement does not change or supersede any term of the Agreement. All capitalized terms not otherwise defined herein will have the meanings provided in the Agreement, including but not limited to all rules, policies and guidelines on the Site.

2. Eligibility

Services are available only to individuals or legal entities that can form legally binding contracts. Zicasso reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone. By clicking the "I AGREE" checkbox and registering with the Zicasso Site, you are designating yourself as a "Traveler" as defined in the Terms of Use.

3. Your Account

You represent and warrant that you have provided true, accurate and complete information as prompted by the registration form, and you shall update such information to maintain its truth, accuracy and completeness.

4. Scope of Services

  • 4.1 Subject to the terms and conditions of this Travel Company Agreement, including but not limited to the Terms of Use and Zicasso Policies, the Site will provide the following services:
    • 4.1.1 The Site will facilitate (a) your ability to define and source Travel Company Services by posting a Trip Request in order to engage Travel Companies directly; (b) your ability to learn about, inquire, commit to procure, or procure Travel Company Services; (c) Travel Companies' ability to advertise their capabilities, bid on Trip Requests, and provide Travel Company Services directly to you; (d) delivery of (i) your payment information, and (ii) receipt information for Travel Company; and (e) other services that Zicasso may offer through the Site from time to time, currently including, but not limited to services further described in the Zicasso Policies. In providing the Zicasso Services, Zicasso will NOT source or deliver any services provided by Travel Companies, including, but not limited to, Travel Company Services. Zicasso will only provide the venue for Travelers and Travel Companies to find and contract with each other for Travel Company Services according to the Zicasso Policies.;
  • 4.2 Subject to the terms and conditions of the Agreement including but not limited to the Terms of Use and Zicasso Policies, you shall:
    • 4.2.1 enter into a legally binding contract the moment you have clicked the "Commit to Purchase" button, or expressly confirmed in writing your intention to purchase a Trip Plan or other Travel Company Services from a Travel Company.
    • 4.2.2 within the time frame required by the Travel Company's payment terms, pay the required deposit or full amount for any Trip Plan or other Travel Company Services purchased.
  • 4.3 You understand and agree that Zicasso provides no guarantees or endorsements for any Travel Company Services advertised on the Site.

5. Fees

  • 5.1 Zicasso is a free service for Travelers. However, you agree not to circumvent the fee structure between Zicasso and Travel Companies, all in accordance with the Zicasso Policies.

6. Warranty and Disclaimers

  • 6.1 Traveler Warranties. You represent and warrant that
    • 6.1.1 You have the full power to enter into and perform this Agreement, and your performance of this Agreement shall not violate or conflict with any agreement to which you are a party;
    • 6.1.2 Your purchase of Travel Company Services from Travel Companies introduced to you by Zicasso Site shall only be purchased from Travel Companies through the Site. For the avoidance of doubt, you are expressly prohibited and you hereby expressly represent, covenant and warrant that you shall not purchase Travel Company Services from Travel Companies unless such Travel Company Services are sold through the Site and Zicasso receives its commission in accordance with the Payment Policy.
    • 6.1.3 You will comply with all Zicasso Policies and time is of the essence with respect to such compliance.
  • 6.2 Zicasso Warranties. Zicasso represents and warrants that it shall have the full power to enter into and perform this Agreement and provide the Zicasso Services.
  • 6.3 THE ZICASSO SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. Notices And Communications

Unless you otherwise indicate in writing to Customer Service, Zicasso will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Zicasso sends it to the email address you have provided to Zicasso on the Site, or when Zicasso posts such communication on the Site. You must keep your email address updated on the Site, and you must regularly check the Site for postings.

All notices to Zicasso intended to have a legal effect concerning this Agreement must be in writing and sent via email to info@zicasso.com. Such notices to Zicasso are deemed effective upon receipt.

8. Termination

  • 8.1 This Traveler Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Zicasso or you as provided for under the terms of this Section.
  • 8.2 Unless otherwise agreed to in writing between the parties, either party may terminate the Traveler Agreement at any time upon notice to the other party. In such event, (i) Zicasso shall continue to perform those Zicasso Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay Zicasso for any Services for which you have been engaged in order to complete any such transactions.
  • 8.3 Without limiting Zicasso's other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration or a Trip Plan, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the Agreement or the linked policies and information incorporated therein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for Zicasso or are contrary to the interests of the Site or the Zicasso User community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.
  • 8.4 Without limiting Zicasso's other remedies, to the extent you engage in actions or activities which circumvent the Zicasso Site or otherwise reduce fees owed Zicasso under the Terms of Use, you will pay Zicasso for all fees owed to Zicasso and reimburse Zicasso for all losses and costs (including any and all Zicasso employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
  • 8.5 When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Member and Zicasso," "General," "Audit Provisions and Maintaining Records" and "Billing and Payment Services" will survive termination of this Agreement.