Welcome to Fairytrail! We’re excited you’re here and look forward to helping you find your next adventure and relationship.
LittleQuest Limited Liability Company (referred to as “We”, “LittleQuest”, and “Fairytrail”) is located at 1408 Post St, San Francisco, California and operates under the Fairytrail trademark, brand, and name. We provide a service that allows users to match and book with another user on travel experiences worldwide. Our tours are sold by InteleTravel.com, a travel agency that has existing relationships and contracts with many tour operators, airlines, and hotels (collectively referred to as the “Travel Suppliers”).
The following ‘Terms of Service’ are a binding contractual commitment (“Agreement”). We recommend reading it in full before using our service, but the most important point is this: your safety is our top priority.
For your safety, we reserve to right to remove any user for a number of reasons, but most importantly if we believe they are acting inappropriately or misrepresenting themselves. If someone has made you uncomfortable for any reason, please report them to our customer support team, either via the app or by emailing firstname.lastname@example.org.
TERMS OF SERVICE
This Terms of Service agreement (the “Terms”) governs your use of the LittleQuest Limited Liability Company service available through our website located at www.fairytrail.app (the “Website”), and mobile software application known as “Fairytrail” (the “App”) (collectively, referred to as “Fairytrail Properties” and the functionality provided by the Fairytrail Properties referred to as the “Service”).
NOTICE CONCERNING CHILDREN: We require users of the Service to be at least 18 years of age. We do not intend for anyone under the age of 18 to use any of the features or services we offer from the Service. If you suspect that a user is under the age of 18, please notify us.
NOTICE CONCERNING MARRIAGE: Since this is a dating service, we also do not intend for any people who are married, in committed relationships, or otherwise not available to date to use this site. If you suspect anyone who is using the site is not qualified, or is using it for improper purposes or giving false or misleading information, please notify us.
While we do our best to monitor Fairytrail, remember to always use your own best judgment when interacting with people on or off the app. It is not feasible for us to do accurate background checks and you agree that we will not do such checks. Some users may misrepresent themselves, so you must be careful in your use of the app. Our app is only as good as our community of users, and we rely in part on you to report inappropriate users to keep Fairytrail a safe and welcoming place for all.
Please note these Terms include a class action waiver and a waiver of arbitration and mediation unless ordered by the Superior Court.
In order to access certain features of the Service, you may be required register for an account (“Account”). If you access the Services through a social networking site, such as Facebook, as part of the functionality of the Services, you may link your Account with Social Networking Site account (“SNS Account”), by allowing Fairytrail to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Fairytrail and/or grant Fairytrail access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Fairytrail to pay any fees or making Fairytrail subject to any usage limitations imposed by such third-party service providers. By granting Fairytrail access to any SNS Accounts, you understand that Fairytrail may access, make available, and store (if applicable) any information, data, or content stored in your SNS Account that you make available to the Fairytrail service. Personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Service. Please note that your relationship with the third-party service providers associated with your SNS Accounts is governed solely by your agreement(s) with such third-party service providers, and Fairytrail disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. Fairytrail makes no effort to review any SNS Content for for accuracy, legality or non-infringement, and Fairytrail is not responsible for any SNS Content.
In registering for the Service, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.(3) you are 18 years old single, non-sexual offender. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Fairytrail immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, Fairytrail has the right to terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). We also have the right to retain as liquidated damages any portion of the fees you have already paid, as it will not be likely that we can determine the amount of damages caused us by your breach of the Agreement with us. Fairytrail reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by Fairytrail, or if you have been previously banned from the Service.
LICENSE & OWNERSHIP
Fairytrail grants you a personal, revocable, limited, non-transferable license to use the features and functions of the Website and Service to reproduce and use the App on your mobile device solely for your own personal use. You can not use any portion for your own or someone else’s commercial advantage or profit without our express permission. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store when using the App. All updates and upgrades to the App will be governed by the version of these Terms published by us as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, and/or enhancements of the App or for the Service.
Unless otherwise noted, the Fairytrail Properties and all text, content, and documents on it , any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights,, or other intellectual property appearing therein used to operate Fairytrail Properties, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software, and other works on Fairytrail Properties (collectively, the “Content”) are owned by Fairytrail or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between Fairytrail and you, all right, title, and interest in and to the Content will at all times remain with Fairytrail and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, App or Services, are registered and/or common law trade names, trademarks, or service marks of Fairytrail or the applicable Owner.
License to Your Content
We do not claim ownership of any content, images, videos, text, or other materials you upload to the Services (“Your Content”). You grant Fairytrail a non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display Your Content for any commercial purpose, including for the purpose of operating and providing Fairytrail Properties to you and to our other end-users. You warrant that the holder of any worldwide intellectual property right, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Fairytrail, are responsible for all of Your Content that you make available on or in Fairytrail Properties.
License to Your Content
Your Content posted by you in your profile may not contain nudity, violence, sexually explicit, illegal, tortious, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission. You must comply with all copyright laws; the company will not verify the content copyright and does not take any responsibility for your misconducts.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Fairytrail through suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Fairytrail has no obligations. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Fairytrail a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Fairytrail Properties.
USE & RESTRICTIONS
You are permitted to use Fairytrail Properties and/or the Content and/or for lawful purposes as provided in these Terms only.
You will not (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, or otherwise distribute any part of the Content, for any purpose other than for which Fairytrail Properties are being provided to you; (ii) use Fairytrail Properties to conduct or promote any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of Fairytrail Properties, (iv) attempt to gain access to secured portions of Fairytrail Properties to which you do not possess access rights; (v) use Fairytrail Properties to generate unsolicited email advertisements or spam; (vi) use Fairytrail Properties to stalk, harass or harm another individual; (vii) use any high volume automatic, electronic, or manual process to access, search, or harvest information from Fairytrail Properties (viii) interfere in any way with the proper functioning of Fairytrail Properties, or disobey any requirements, procedures, policies or regulations of networks connected to Fairytrail Properties; (ix) mirror or frame Fairytrail Properties or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (x) use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; (xi) create derivative works from the Content or commercially exploit any part of the Content in any way; (xii) use any portion of a Fairytrail Properties or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party;
As a condition of your use of the Service, you warrant that (i) all information supplied by you on Fairytrail Properties is true, accurate, current and complete, (ii) if you have a Fairytrail account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
Your use of the Service is intended for your personal, non-commercial use and/or to make legitimate requests to book the Products offered. You agree not to use the Service to make any speculative, false, illegal, tortious, or fraudulent requests.
You further represent and warrant that you (a) have not previously been suspended by the Service or otherwise banned from using Fairytrail Properties; (b) are not a direct competitor of Fairytrail; (c) you will not have more than one Fairytrail account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
We retain the right at our sole discretion to deny access to anyone to Fairytrail Properties and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
In accessing or using Fairytrail Properties, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We do not endorse such content, and cannot vouch for its accuracy or suitability. You therefore access and use Fairytrail Properties at your own risk.
MESSAGING & POSTING GUIDELINES
The Service may include various opportunities that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real time (together with Fairytrail social media properties, referred to as “Messaging, Forums, and Social Media”). With respect to any and all Messaging, Forums, and Social Media, the following restrictions and obligations apply:
We will have the right, but not the obligation, to monitor or review any Messaging, Forums, and Social Media at any time for any violation of these Terms or illegal content. Fairytrail will have no liability to you for any content posted in Messaging, Forums, and Social Media. You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Messaging, Forums, and Social Media are those of their respective authors who are solely responsible and liable for their content. We reserve the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Messaging, Forums, and Social Media and terminate your access and usage rights to the Fairytrail Properties.
You are expressly prohibited from submitting any of the following types of content in post:Any content that is harmful , unlawful, libelous, defamatory, obscene, pornographic, lewd, racially or ethnically or sexually offensive, suggestive, harassing, threatening, blasphemous; pedophilic, hateful, disparaging, relating or encouraging money transfering, laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use; any content that may infringe any patent, trademark, copyright, or other intellectual or proprietary right of any party; unsolicited promotions, political campaigning, advertising or solicitations; personal or personally identifiable information of any third party; viruses, spyware, trojans, or any other harmful, disruptive or other destructive files, code, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or any content that in our sole judgment is inappropriate, or which may expose Fairytrail or other users to any harm or liability of any type.
TRAVEL & TOUR SERVICES
The Service may include various opportunities that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real time (together with Fairytrail social media properties, referred to as “Messaging, Forums, and Social Media”). With respect to any and all Messaging, Forums, and Social Media, the following restrictions and obligations apply:
By accessing or using Fairytrail Properties in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. If you do not accept all of these terms and conditions, please do not access Fairytrail Properties or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.
We Do Not Sell Travel Products
Fairytrail does not provide, own, warrant, vouch for, monitor, or control any of the travel services and products that you can access through Fairytrail Properties, such as tours, flights, accommodations, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Suppliers ”) either directly (e.g., airline) or through a travel agency. The Travel Suppliers are responsible for the Products. The Travel Suppliers’ terms and privacy policies apply to your booking so you must agree to and understand those terms. The terms of the actual travel supplier (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Supplier accessed through Fairytrail Properties is at your own risk; Fairytrail does not bear any responsibility should anything go wrong with your booking or during your travel.
The display on Fairytrail Properties of Products or Travel Suppliers does not—in any way—imply, suggest, or constitute a recommendation by Fairytrail of that Product or Travel Supplier, or any sponsorship or approval of Fairytrail by such Travel Supplier, or any affiliation between such Travel Suppliers and Fairytrail.
We take no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Fairytrail liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Products and Booking Reservations
Payments and Refund
Fairytrail may take reservation deposits and payments for the Products, but the sale of the Product is made by InteleTravel.com. Fairytrail reserves the right to charge a service fee for referring you to InteleTravel.com.
When you match with a partner, you will be asked to pay a trip deposit. This deposit is fully refundable until your partner pays. Once your partner pays, you will only have 30 days to request a refund. If you purchase the Product, the deposit shall be applied as credit at the time of booking. You may also request we keep the deposit on file to reduce unnecessary transfers.
The cancellation and refund policies of the Products are determined by InteleTravel.com and Travel Suppliers, not Fairytrail and Fairytrail has no authority or involvement regarding this.
Fairytrail hosts content, including prices, made available by or obtained from Travel Suppliers. Fairytrail is in no way responsible for the accuracy, timeliness or completeness of such content. Since Fairytrail has no control over the Products and does not verify the changes made by the Travel Suppliers, it is not possible for us to guarantee the information displayed on Fairytrail Properties. Prices change constantly and additional charges (e.g., payment fees, services charges, checked-in luggage fees, local taxes, and fees) may apply.
Private Tour Guides
Fairytrail provides customers with information regarding private tour guides in many destinations. Private tour guides are independent contractors and not agents or affiliates of Fairytrail. Fairytrail does not screen or conduct background checks on private tour guides. Your use of private tour guides is at your sole risk.
Customers are responsible for working directly with the InteleTravel.com on scheduling, tour specifics, and payment terms. Fairytrail makes no representations or warranties of any kind regarding private tour guides or their services.
Passports, Visas & Insurance
When you book international reservations with third-party suppliers using Fairytrail Properties, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Fairytrail accepts no liability for travelers who are refused entry onto a flight or into any country.
We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Fairytrail urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations.
By listing information relevant to travel to particular international destinations, Fairytrail does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
This section limits Fairytrail liability to you for issues that may arise in connection with your use of this website.
Our Liability Is Limited
We hereby expressly exclude any responsibility and liability for (a) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Fairytrail Properties or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of Fairytrail Properties); or (iii) the performance or nonperformance by us or any Travel Suppliers. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you. Where legally possible, all suits should be brought in Alameda County, California.
The information, content, software, products, and services published on this website may include inaccuracies or errors, including reservation availability and pricing errors. Fairytrail does not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the products and services displayed on this website (including, without limitation, the pricing, availability, photographs, features, inclusions and exclusions, general product descriptions, reviews and ratings, etc.).
Fairytrail makes no representations about the suitability of the information, content, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute an endorsement or recommendation of such products or services by Fairytrail. Fairytrail disclaims all warranties and conditions that Fairytrail Properties, its servers or any email sent from Fairytrail are free of viruses or other harmful components. Fairytrail hereby disclaims all warranties and conditions with regard to this information, content software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by law.
The third-party suppliers and private tour guides providing products or other services on this website are independent contractors and not agents or employees of Fairytrail. Fairytrail is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any such suppliers or private tour guides or for any personal injuries, death, property damage, or other damages or expenses resulting arising from your booking of a product or service or your use of a product or service. Fairytrail has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond its their direct control, and has no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
In no event shall Fairytrail be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages arising out of, or in any way connected with, product or service bookings made by you through this website or your access to, display of or use of this website or with the delay or inability to access, display or use this website , your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability.
If Fairytrail is found liable for any loss or damage that arises out of or is in any way connected with your use of Fairytrail Properties or your booking or use of Products or services made available through Fairytrail Properties, then the Fairytrail’s liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees paid to Fairytrail for the transaction(s) on Fairytrail Properties giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
You agree to defend and indemnify Fairytrail and all of their respective officers, directors, employees, and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law, rule, regulation or guideline;
(iii) your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
(iv) your use of Fairytrail Properties;
(v) your booking or use of any Products obtained through Fairytrail Properties; or
(vi) your negligence or willful misconduct.
Unless otherwise specified, Fairytrail Properties are made available solely to provide information regarding and to promote Fairytrail services, websites, and partners. Fairytrail Properties are operated by Fairytrail from its offices in the State of California in the United States. Fairytrail makes no representation that materials on Fairytrail Properties are appropriate or available for use outside of the United States. Those who choose to access Fairytrail Properties from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Fairytrail app is further subject to United States export controls.
The App that is made available to download is the copyrighted work of Fairytrail, or Fairytrail partners, or other third party software as identified. Please note Fairytrail Properties is owned by Fairytrail and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of Fairytrail Properties is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
COPYRIGHT AND TRADEMARK NOTICES
The contents of the Website and App are protected under the Fairytrail trademark. All rights reserved. All Product or service names or slogans displayed on Fairytrail Properties are registered and/or common law trademarks of Fairytrail and/or its suppliers or licensors, and may not be copied, imitated or used, without the prior written permission of Fairytrail or the applicable trademark holder. In addition, the look and feel of this Website, app, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of Fairytrail and may not be copied, imitated or used, without the prior written permission of Fairytrail.
JURISDICTION AND GOVERNING LAW
Fairytrail Properties are operated by a U.S. entity and this Agreement is governed by the laws of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Fremont, Alameda County, California, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of Fairytrail Properties. You agree that all claims you may have against Fairytrail arising from or relating to Fairytrail Properties must be heard and resolved in a court of competent subject matter jurisdiction located in Alameda County California. Use of Fairytrail Properties are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Fairytrail and/or affiliates as a result of this Agreement or use of Fairytrail Properties.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement constitutes between you and Fairytrail with respect to Fairytrail Properties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Fairytrail with respect to Fairytrail Properties.
You can check, supplement and update the information you have provided to us, or you can choose to close your account at any time, in each case by contacting us at email@example.com. If you decide to close your account, you may delete your profile. Once your account is closed, you will no longer be able to log in or access your personal information.
Please find below more details and information on how and when you may be able to exercise your rights. Where such rights exist, we will respond to your request within one month.
In accordance with applicable law, you may have the following rights with regard to your personal data:
The right to request access to your personal data.
The right to request to correct your data if it is inaccurate.
The right to request deletion of your personal data.
The right to object to the processing of your personal data.
The right to restrict the processing of personal data, if:
the accuracy of your personal data is contested by you, for the period in which we have to verify the accuracy of the personal data; or
the processing is unlawful and you oppose the deletion of your personal data and requests restriction; or
you have objected to the processing, for the period in which we have to verify overriding legitimate grounds.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Please note that if you choose to delete Fairytrail cookies, your access to some functionality and areas of our website may be restricted.
The Fairytrail Properties and all other features on the Service are provided to you “as is” and “as available” without warranty of any kind either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Fairytrail hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Fairytrail, its employees, agents, suppliers, or any other persons will create any warranty, representation or guarantee not expressly stated in this section. Fairytrail does not make any warranties that the service will be uninterrupted, secure or error free or that your use of the Service will meet your expectations, or that the Fairytrail Properties, content, or any portion thereof, is correct, accurate, or reliable. Fairytrail reserves the right to change any part of the Fairytrail Properties at any time without notice.
Fairytrail may suspend or block your use of Fairytrail Properties without notice if there has been a violation (or suspected possible violation) of these Terms, as determined by Fairytrail in its sole discretion. Your right to use Fairytrail Properties will end once your registration is terminated, and any data you have stored on the Service may be deleted, unless Fairytrail is required to retain it by law. You may terminate your registration at any time, but are still liable for the value of any services rendered. Fairytrail is not responsible or liable for any records or information made unavailable to you as a result of your termination of registration. You agree that Fairytrail will not be liable to you or any other party for any termination of your access to the website, app, or service. Any limitations on liability that favor Fairytrail will survive the expiration or termination of these Terms for any reason.
Legal Dispute Process
Waiver of Class Action:
Please read this section very carefully as it describes what the process is if there is a dispute between you and Fairytrail; if you are unsure as to any portion of this, you can contact us and/or seek legal advice.
If a dispute arises under the terms of this Agreement or as a result of any activities related to the App. or this Agreement, then the complaining party must do the following:
1). Communicate in detail in any written fashion to Fairytrail the nature of the complaint, including but not limited to, the date of any incident and location, the names and addresses if known of anyone or entity that contributed to the problem, exact details of what occurred, suggested remedies if any, the nature and approximate value of any damages suffered, and any other information that might help solve the problem.
2). All sides will attempt in good faith to resolve the issues or as many as can be resolved that are involved.
3). During the period of time until resolution, the customer will not use any of the services of Fairytrail and their subscription will be held in abeyance, unless Fairytrail agrees to waive the suspension. If no further action is taken, after 60 days Fairytrails may fully terminate the customer’s membership and retain any unused portion of the membership fees as liquidated damages.
4). If within 30 days of the receipt of the complaint the party requesting the action is not satisfied with the other side’s proposals, then the following can be done:
a) File civil suit in Alameda County Superior or Small Claims Court, California,as that County will be considered the only place for jurisdiction for any civil suit. The court branch where suit will be heard, subject to court rules, will be where the injury occurred if in Alameda County, or if not in Alameda County, then at the Fremont Branch California.
b) All parties will be subject to the applicable Alameda County court rules and the California Rules of Court.
c) Customer or user waives any right to be a member of a class action suit as each dispute is considered unique to each customer or user.
d) If the Superior Court should insist upon arbitration or mediation of the dispute, then both sides agree they will bear their own costs and equally split the costs of arbitration and/or mediation with plaintiff paying one half and all defendants cumulatively paying the other 50%. Plaintiff further agrees not to add such costs to their settlement demand. All parties will bear their own litigation expenses, including attorney fees, except to the extent permitted by court rules. By mutual agreement, the parties can waive any portion of the above terms.
e) Both sides agree to waive their rights to a jury trial [including any appeal from a Small Claims Court judgment] as setting a case for a jury trial results in much greater costs and delays in time to resolve the matter.
f) Both sides agree that any judgment can be entered in any other court in the USA or other country, pursuant to the rules of such court.
g) No claim or demand by a customer or user can be consolidated with the claim or demand of another customer or user.
h) All judgments or settlements are to remain confidential and a separate confidentiality agreement [non-disclosure agreement] will be entered into without additional payment.
i) When and where possible, no suit shall be brought in Federal Court.
Severability. If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Survival of Agreement. This Agreement will survive the termination of your relationship with Fairytrail.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Alameda County, California, for such purpose.
APP STORE ADDITIONAL TERMS & CONDITIONS
The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from an App Store.
Maintenance and Support. Fairytrail is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Fairytrail and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to App.
Warranty. Fairytrail is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Fairytrail’s sole responsibility.
Product Claims. Fairytrail and you acknowledge that the App Store is not responsible for addressing any claims made by you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Fairytrail’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights. Fairytrail and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Fairytrail, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
NOTICES & AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE
The communications between you and Fairytrail use electronic means, whether you visit Fairytrail Properties or send Fairytrail e-mails, or whether Fairytrail posts notices on Fairytrail Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Fairytrail in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fairytrail provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fairytrail without restriction. Fairytrail’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to Fairytrail Properties, please contact us at firstname.lastname@example.org.
If you provide personal data directly to our partners affiliates, distributors or suppliers, the terms of their respective privacy policies will apply to such disclosures. You should carefully review the privacy policies of the distributor, or supplier prior to providing personal data to such third parties.
1. Collection of Personal Information
Personal information includes:
Services information: When you visit the Service, we may collect information from you. This information can include search history, IP address, browser used, referring URL, etc. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location.
Booking information: If you book a travel product, InteleTravel.com and we may need additional information from you. This information can include your name (and traveler’s name, if different), age, birthday, gender, passport number, redress control number, email address, telephone number, credit card information, billing address, itinerary and frequent flyer details. You can also choose to store personal information in your user account for future bookings.
Account information: If you choose to register, we may collect your email address, password, home airport, and other preference information you provide us. If you use a third-party service, like Facebook Login, to register or login, you are permitting us to use and store that information related to the account.
Trips services: If you make a booking through our Service, InteleTravel.com and we may automatically create a “Trips” account for you, which will give you access to our “Trips” service, where we will collect your travel information to create and maintain your travel itineraries. This can include the personal information that may be included in the confirmation emails you give us access to.
2. Disclosures and Share of Personal Information
In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary, includes, but not limited to (a) protect Fairytrail’s systems, assets, members, and customers or to prevent damage to them; (b) ensure the integrity and operation of our business and systems; to better understand the users of our services, or (c) comply with legitimate and enforceable governmental requests, subpoenas, or court orders.
We may use your personal information to process your bookings and store your itinerary information where applicable. Marketing and displaying more relevant advertising and recommendations. Administering promotions with relevant information. To service providers, payment service providers and business partners.
3. Protection of personal information
We seek to maintain the integrity and security of your personal data. We have implemented and maintain appropriate physical, administrative, technical, and organizational measures to protect the personal data you provide us against unauthorized or unlawful access, and against accidental loss, damage, alteration or destruction.
We seek to store your personal data in secure operating environments that are not accessible to the general public, and to have security measures in place at our physical facilities to protect against the loss, misuse or alteration of your personal data by our employees or third parties.
However, since no data transmission over the internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the personal data you provide to us will be secure at all times. We must will rely on your informing us should you experience any unusual events that might demonstrate may indicate a breach in your information security. We will then investigate whether this was related to the data transmissions from or to Fairytrail and let you know what steps can be taken and have been taken to try to resolve help rectify the problem.
Since we work with third party advertisers provide to give you access to interesting and exciting travel content through our website. So, as well as in addition to our setting some cookies ourselves ("first party cookies"), we also allow some advertisers who display advertisements on our site to set cookies, known as "third party cookies". These cookies record information about your use of advertisements. We also use essential cookies for fraud detection and prevention purposes.
You will see that you cannot turn off essential cookies through the Cookie Consent Tool because. The reason for this is that such cookies are necessary for you to access and use the content and features of the website. Please note that if you choose to delete Fairytrail cookies, your access to some functionality and areas of our website may be reduced or restricted.
CHANGES TO THIS POLICY
We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at www.fairytrail.app/terms. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site, or providing notice in our mobile app.