The following terms and conditions for use (this "Terms of Use") govern all use of the www.travorder.com website (the "Website") and all content, services, features, activities and products available at or through the Website, including but not limited to the website store locator service (the "Travorder Solution" and, together with all other content, services, features, activities and products available through the Website, the "Services"). The Services are owned and operated by ALIFBA CAPITAL INC.(hereinafter “we” or “ALIFBA CAPITAL ”), a developer circle group.
By registering on the Website or using Travorder Solution, you (with respect to users of the Travorder Solution, the terms "you" or "yours" include the person or entity that is registered with the Travorder Solution as well as any third parties authorized to access the Travorder Solution on that person or entity's behalf) acknowledge that you have read, understood and agreed to the entirety of these Terms of Service. ALIFBA CAPITAL strongly advises you to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.
In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:
“Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
"Agreement" means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy policy and any potential subsequent amendments of those as well as any separate agreement entered into between ALIFBA CAPITAL and the Client for the performance of the Service.
"Client" means the individual or legal entity, professional only, with whom ALIFBA CAPITAL entered this Agreement and whose name and address appear on the Account. The Client and ALIFBA CAPITAL are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
"Travorder Solution" means all content, services, features, activities and products available at or through the Website, as well as any related applications, developed and published by ALIFBA CAPITAL .
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
“Content” means any data, whether personal or not, contained in the information provided by the Client to Travorder Solution and processed through the Travorder Solution.
"Documentation" means all documents that may be viewed, printed, sent and/or downloaded in electronic form from the website www.travorder.com, including the knowledge base https://travorder.com/support, and the blog https://travorder.com/blog, describing the functionalities of the Service and the Travorder Solution.
"Client Data” means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores within the Service to be processed through Travorder Solution;
"Service" means the grant of access to the Travorder Solution by ALIFBA CAPITAL and the use of the Travorder Solution in SaaS mode by the Client, whether through the website www.travorder.com under the terms and conditions set out in the Agreement.
"Subscribed Plan" means the fee-based plan subscribed by the Client for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Client). The Service is provided through separate offers, which functionalities are described on the website www.travorder.com, or through specific tailored offer (s).
“External Application Programming Interface” or
The purpose of this Agreement is to set out the conditions under which ALIFBA CAPITAL provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the Travorder Solution. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
Travorder Solution is a hosted on-line locator service, that allows visitors of the Client websites find locations of their business within proximity of an address or postal code or within a selected region.
The Service does not include any storage service. The Client understands that he/she/it is has the sole responsibility to ensure by all means available that all data contained in Product are saved and registered. ALIFBA CAPITAL excludes any liability in the event of a loss of User Data
To register for the Service and create an account, you must complete the registration process by providing us with the information prompted by the registration form, including e-mail address (username), password, and billing information. You agree to provide us with complete and accurate information when you register for the Service, and to keep such information up to date.
You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Travorder Solution on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify ALIFBA CAPITAL immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Travorder Solution. Travorder employees may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email (help@travorder.com). Various questions and concerns of the Client may find a quick answer by visiting https://travorder.com/support.
Subject to the terms and conditions of this Agreement, ALIFBA CAPITAL hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (i) include the provided JavaScript (together with any fixes, updates and upgrades provided to you, the "Travorder Script") in the HTML code for web page(s) that are properly registered for the Travorder Solution and owned by you, solely for the purposes of rendering a store locator, accessing and providing information to the Travorder Solution and accessing information available from the Travorder Solution with respect to such web page(s); and (ii) remotely access the Travorder Solution to view and download your reports stored on the Website, located at www.travorder.com
Except as expressly set forth herein, you shall not (A) use, reproduce, modify or create derivative works of the Travorder Script, or (B) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the Travorder Script or the Travorder Solution.
When registering to and while using the Travorder Solution, ALIFBA CAPITAL collects, on a voluntary basis, from the Client a limited number of data, including Personal Data, which is solely for the performance of the Travorder Solution and used in connection with the Travorder Solution. All data provided to the Travorder Solution, including Personal Data, Content and Client Data will not be freely given to anyone. We do not, under any circumstances, sell either your Personal Data, Content and Client Data. Only authorized employees of the Travorder Service have access to view Personal Data, Content and Client Data.
All collected data is treated according to our Privacy Policy which which is part of the Agreement (access the Privacy policy here).
A specific pricing applies to any monthly subscription plan, which are detailed under the page https://travorder.com/#pricing, except for the free Account for a limited period of 14 days. The pricing is exclusively in the expressed currency. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
The Client may have access to a free Account for a period of 7 calendar days, during which the Client uses the Service free of charge. Each Client may subscribe only once to a free Account and shall not maintain more than one free Account. At any time during the trial period, the Client may opt for a Subscribed Plan, which will be charged automatically. For any upgrade or downgrade of the Subscribed Plan, the new price will apply as of the day following the date of the change in the Subscribed Plan. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the Client’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Client shall not be entitled to a refund.
All Subscribed Plans must be paid, through ALIFBA CAPITAL payment service provider https://paypal.com.
The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by the Client. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. ALIFBA CAPITAL will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
ALIFBA CAPITAL shall automatically send the Client an email receipt for each payment. In addition, the Client may also download a PDF version of the invoice including the Client’s details in his/her/its Account in the admin -> accounts section.
In the event of lack of payment on the due date, the features of the Product available due to a typical scheduled payment will be temporarily suspended until proper payment is made, at the Service’s discretion.
Client can try out Travorder Solution for a period of 14 days and request a cancellation during the specified period if he/she/it are unsatisfied with the Service for any reason ("Trial Period").
If the Client participates in a Trial Period, at the commencement of the end, his/her/its account will be charged the amount due under Subscription Plan, as described above.
The Client may cancel his/her/its Plan at any time during the Trial Period by following the steps described in Section 3.4 ("Account Cancellation"), upon which the Client will automatically receive an email. Upon canceling the Plan, the Client will immediately lose all access to the Service and any data or information stored within his/her/its account (see Section "Terms and Termination") for additional details).
If the Client fails to cancel his/her/its Plan within the Trial Period, will receive a notice from ALIFBA CAPITAL that his/her/its Trial Period is about to end or has ended.
ALIFBA CAPITAL reserves the right cancel and/or limit the Trial Period offer at any time.
The valid method for canceling your Plan is to send a cancel request via the link provided on the admin "Account" page, accessible after logging in to the Website.
If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Travorder Solution and any data or information stored in your account (see Section 8 ("Term and Termination") for additional details). If you cancel your Plan during a Free Trial Period, effective upon such cancellation, you will immediately lose all access to the Travorder Solution and any data or information stored in your account.
ALIFBA CAPITAL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website www.travorder.com, the Travorder application or the Service itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.
The Agreement will be effective after the creation of an Account by the Client, including a free Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan and one (1) year as from the date of the subscription of an annual Subscribed Plan.
All Subscribed Plans will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party by email (for the Client: to the Client’s email address provided in the Account; for ALIFBA CAPITAL : help@travorder.com) at least 7 (seven) working days before the end of the Subscribed Plan. It is the sole responsibility of the Client to anticipate the end of the Subscribed Plan, which consequences will be borne exclusively by the Client. No amount received in advance by ALIFBA CAPITAL for the Subscribed Plan will be refunded. All Content will be automatically deleted from the Service at the termination date of the Agreement. The Client is aware that the Content cannot be recovered after the termination date of the Agreement.
To terminate your use of the Travorder Solution, please follow the steps described in Section 6.5 ("Account Cancellation"). Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation. Upon any termination of the Travorder Solution (i) ALIFBA CAPITAL will cease providing the Travorder Solution; (ii) you will delete all copies of the Travorder Script from your web page(s); (iii) any outstanding balance payable by you to ALIFBA CAPITAL will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
In addition, upon expiration of any Session with respect to a web page, you shall delete all copies of the Travorder Script from such web page.
ALIFBA CAPITAL undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to ALIFBA CAPITAL . For maintenance operations, ALIFBA CAPITAL will endeavour to inform the Client in advance by email or via the website www.travorder.com or the Travorder application. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Client’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to ALIFBA CAPITAL ’s applicable rates.
The Client, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Client grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by "bots" or other automated methods are not permitted.
The Client undertakes to :
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by ALIFBA CAPITAL is provided solely for the use of the Service but not for the Client’s organization. ALIFBA CAPITAL has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client's sole risk. The Client understands that the technical processing and transmission of the Service including all content given by and received by Users may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. ALIFBA CAPITAL does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client's expectations, and (v) any errors in the Service will be corrected.
The Content is kept by ALIFBA CAPITAL to the extent that it allows performance of the Service, which includes long-term data storage. It is additionally the Client's responsibility to ensure the storage and registration of all of his/her/its data. ALIFBA CAPITAL shall not be held responsible for any loss of User Data.
ALIFBA CAPITAL excludes any liability for the suspension of the Account. The Client understands that ALIFBA CAPITAL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service. The Clients also understands that, while the Travorder Solution offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to ALIFBA CAPITAL . The Client is therefore solely liable as to the transfer, the download or any use of User Data to or through an External API, excluding any liability of ALIFBA CAPITAL . The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
ALIFBA CAPITAL excludes any liability in the events of:
The Client expressly understands and agrees that ALIFBA CAPITAL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ALIFBA CAPITAL has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Emails, Content or Parsed Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of ALIFBA CAPITAL is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.
All intellectual property rights on the Travorder Solution and all content available on the website www.travorder.com or the Travorder application remain the sole property of ALIFBA CAPITAL . ALIFBA CAPITAL warrants that it has developed the Travorder Solution and owns the intellectual property rights to the Travorder Solution and all elements used to provide the Service.
ALIFBA CAPITAL undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.
The Client remains the owner of all Data and Content processed under the Agreement.
The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by ALIFBA CAPITAL , such as but not limited to, the intellectual property rights owned on the Travorder Solution, the related trademark and logo used by ALIFBA CAPITAL . The Client grants ALIFBA CAPITAL against any claim, demand, suit or proceedings made or brought against ALIFBA CAPITAL by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify ALIFBA CAPITAL for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by ALIFBA CAPITAL in connection with any such claim, demand, suit or proceedings, provided that ALIFBA CAPITAL (i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally ALIFBA CAPITAL of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.
The Client is considered the data controller within the meaning of the Act n°7817 of 6 January 1978 on information technology as well as European Union’s 2018 General Data Protection Regulation, data files and civil liberties, in regards to all User Data provided within the framework of the Agreements. The Client therefore undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.
In compliance with the Act n°7817 of 6 January 1978 on information technology, data files and civil liberties, the Client has a permanent right to access, amend, modify or delete any information related to him/her/it by sending an email to help@travorder.com. For more details, ALIFBA CAPITAL invites the Client to refer to the Privacy policy, which is part of the Agreement (access the Privacy policy https://travorder.com/#/privacy).
Travorder as well as ALIFBA CAPITAL have taken necessary steps to be within the compliance standards of the European Union’s General Data Protection Regulation. More information regarding the protection of your data can be found in the associated Privacy Policy at the following link: https://travorder.com/#/privacy.
ALIFBA CAPITAL and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent ALIFBA CAPITAL to mention its commercial relationship with the Client, as provided below.
ALIFBA CAPITAL uses all technical means which may be reasonably used for the performance of the Service. ALIFBA CAPITAL shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which ALIFBA CAPITAL relies upon. The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and ALIFBA CAPITAL shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at its own discretion, ALIFBA CAPITAL reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.
The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.
The Client allows ALIFBA CAPITAL to mention its company name or name and the Service provided for commercial purpose only.
Effective Date of this Terms of Use:
This Terms of Use is effective as of June 10, 2019.