Terms of Use

Last updated: 25 Aug, 2024

This agreement between you (‘Accommodation Provider’, ‘you’, ‘your’) and Subhuti Technologies Pvt Ltd. (‘Tripilio’, ‘we’, ‘us’, ‘our’) sets out the basis on which Tripilio will provide Services (Agreement). The terms of this agreement are amended from time to time and every time you wish to use our service, you understand and accept the terms of this Agreement that apply to you at such time.

1.  Definition

• 1.1  Tripilio:  refers to Subhuti Technologies Private Limited, a company registered in Bengaluru, India and whose registered office is at 3B, Rich Homes, Richmond Road, Bengaluru, India, 560025. The company registration number is U72200KA2009PTC049313.
• 1.2  Service/Services:  use of our software solutions (Booking Engine, Website CMS, Rate Management and Channel Manager)
• 1.3  Accommodation providers:  any hotel, hostel, serviced apartment or other similar business that is offering stay and other services to their guests.
• 1.4  Booking website:  accommodation provider’s website that uses Tripilio services to accept direct bookings,
• 1.5  Agreement:  terms and conditions agreed upon.
• 1.6  Account:  accommodation provider personal area for the use of the services.
• 1.7  Login details:  an identifier consisting of username and password to validate identity to access personal area for use of the services.
• 1.8  Law:  these terms and conditions is governed by an Indian Law.

2.  Scope of our service

We will provide service as described in the Schedule to this Agreement (the ‘Service’). The Service shall be provided by means of an access to a Universal Resource Locator (URL) designated by us.

We reserve the right to upgrade, modify, alter, limit or terminate the Service at any time. We will endeavour to notify you of any significant changes to the Service if it impact the use of our Service. We may agree to provide you with additional Service at your request. Additional services that we agree to provide will then be provided as part of the Service. You agree that the provision of additional service will be governed by the terms of this Agreement.

3.  Account information

You must supply us, upon request, with all information required by us to provide the Service. You shall ensure that all information you provide is accurate, current and complete and you will let us know of any changes so that such information remains accurate, current and complete.

To enable you to access the Service, we may provide you with a username and password the login details. Your username and password are for your use only. You must at all times keep your username and password secure and confidential and not disclose them to any third party or otherwise make the Service or designated URL available to any other person. You are suggested to change your password every 90 days to be in line with PCI DSS compliance standards.

You are solely responsible for any use of the Service by any person using your username or password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.

You must notify us immediately by email at support@tripilio.com of any unauthorised use of your username, password or any other breach of security.

4.  Charges

You agree to pay all charges for the Services as set out in the Schedule (‘Charges’).

Charges shall be paid in United State Dollars only to an account given by Tripilio upon invoice by Tripilio.

All Charges are exclusive of any taxes, duties or other governmental levies or other charges. You are liable for payment of all such other charges, including bank transfer fees.

If you fail to pay the Charges by the due date for payment, then upon expiry of 10 days’ we may, without further notice suspend the Service. Reinstatement of services will attract a reinstatement fee (addition to the agreed charges) and is equivalent to number of days converted to months multiplied by one month service charge cost.

We reserve the right to impose late interest charges on the amounts remaining unpaid. In addition, we reserve the right to recover costs associated with the collection of unpaid Charges, including any legal fees and charges relating to debt collection services.

We reserve the right to modify our pricing structure and payment conditions from time to time at our sole discretion, provided that not less than 30 days’ notice shall be given to you regarding any changes or modifications. Such notification shall be given via the email address provided by you. Pricing structure shown on our website (www.tripilio.com) is for information purpose only and does not represent actual charges applied on the Agreement.

5.   Your responsibilities

You must go through all instructions provided in Tripilio user guide which will help understand how to use features and functionalities of the Service we provide.

In no way we shall be responsible if we fail to obtain access or connection to third party system in order to provide service. However, we will make every effort to re-instate the connection.

6.   Disclaimers

The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. We disclaim: (a) any implied warranties of title, merchantability, fitness for a particular purpose to the maximum extent permitted by law; and (b) any liability for third-party applications, products or services. We do not guarantee that the Service will be accurate, complete or up to date and is available uninterrupted or error free.

7.   Limitation of liability

We will not be in any circumstances (including, without limitation, negligence or breach of statutory duty) liable to you for the loss or damage of any kind (including Consequential Loss) arising out of or in connection with the use of or inability to use:

• 7.1   the services on offer;
• 7.2  any other sites that it links to;
• 7.3   any other third party applications obtained through it.

“Consequential Loss” refers to:

• 7.4   loss of revenue, profits or savings (actual or anticipated);
• 7.5   loss of contracts or opportunities;
• 7.6   loss of, or damage to, goodwill or reputation;
• 7.7  loss arising from damage to credit rating or increased financing costs;
• 7.8  loss of data or corruption of data;
• 7.9  loss arising from business interruption or loss or damage resulting for instance from defects in your computer system and problems with internet connectivity;
• 7.10  loss due to failure to backup or restore any information, delay or suspension of access to or availability of the service.

No action arising out of or in connection with this Agreement, regardless of form, may be brought by either party more than one year after the cause of action arose.

8.  Indemnity

You will defend and indemnify us against any claims, proceedings, losses, damage, expenses and costs (including but not restricted to judicial costs and actual lawyers’ fees) that arise from or are related to the use of our Service.

9.   Intellectual Property Rights

You acknowledge that intellectual property rights that may subsist in content of the Service and the processes we use to deliver the Service belong to Tripilio or its suppliers and you will not in any way try to challenge such ownership directly or indirectly.

10.   Personal information

Tripilio may collect personal information (including via input form at www.tripilio.com) about you or receive personal information about your customers from booking websites while delivering the service. In any case we do not collect or store financial data such as credit card information, bank account details or any other form of financial details to deliver the services. Collecting and processing such personal data are always done in accordance with the Tripilio Privacy Statement, which can be read at https://www.tripilio.com/privacy/.

11.   Termination

We reserve the right to suspend your use of the service if you fail to comply the terms of this Agreement.

Either party may terminate this Agreement at any time for any reason by giving not less than [30] days’ prior written notice, notice may be given via email.

If this Agreement is terminated for any reason, your right to access or use the Service is immediately revoked and you shall cease use of the Service. You shall not attempt to access or use the Service without our prior written consent.