Traveler Terms of Service

Acceptance . These Traveler Terms of Service (this "Agreement") set forth the legally binding terms by and between OnceThere Inc., a Delaware corporation ("OnceThere," "our," "us," or "we") and our traveler user ("Travelers" or "you") with respect to your use of and access to our Platform (defined below). By clicking the " I AGREE" button, installing a Mobile App or using the Platform as a Traveler, you agree to be bound by this Agreement as of such date (the "Effective Date"). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO PLACE ORDERS WITH SERVICE PROVIDERS THROUGH THE PLATFORM, AND YOU SHOULD NOT USE THE PLATFORM OR INSTALL A MOBILE APP.

  1. Who We Are. OnceThere provides a proprietary platform (the "Platform) designed to enable Travelers to efficiently book or procure goods and services from third parties ("Service Providers") at or near the Travelers' destination. Traveler-facing elements of our Platform include the web-based booking elements thereof and our mobile applications ("Mobile App"). Though we provide booking and payment processing services with respect to the goods and services offered by Service Providers, OnceThere is not itself a provider of travel accommodations or goods and services.
  2. Service Providers. Through the Platform, you may procure goods and/or services from Service Providers who have listed with us by placing orders ("Orders") through the Platform. OnceThere does not warrant or endorse any Service Provider and does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers.
  3. Representations About You. You represent and warrant that you are 18 years of age or older and that the information that you provide to us about you in connection with the Platform will be current, true, accurate, supportable and complete.
  4. License Grant. Subject to the terms of this Agreement, OnceThere hereby grants you a limited, non-exclusive and nontransferable license to download, install and use the Mobile App(s) on any smart phone, tablet or other mobile device(s) that you own or control and to use for your personal, non-commercial use.
  5. License Restrictions. You shall not: (a) copy any element of the Platform, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Platform; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any element of the Platform; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Platform; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality thereof to any third party for any reason. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
  6. Reservation of Rights. You acknowledge that the Platform is licensed, not sold, to you. OnceThere reserves all rights in and to the Platform not expressly granted to you under this Agreement. You do not acquire any ownership interest in any element of the Platform under this Agreement, including any copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding the Platform ("Feedback"), OnceThere will be free to use such Feedback for any purpose. "OnceThere" and all associated logos displayed within the Platform are our trademarks (unless otherwise noted). OnceThere may include the names and logos of Service Providers on the Platform, however, OnceThere is not affiliated with any Service Provider, and no Service Provider grants you any rights in and to its trademarks and other intellectual property.
  7. Privacy Policy. You specifically acknowledge and consent to the uses and disclosures of your information as described in our Privacy Policy, which is hereby incorporated by reference.
  8. Maintenance and Availability. Scheduled system maintenance shall take place from time to time, and during such time, updates to the Platform or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. The Platform or some aspects thereof may require a wireless Internet connection. We make no representation that the Platform is available or permitted in any particular location. Use of the Platform is void where prohibited. You use the Platform at your own initiative and are responsible for compliance with any applicable laws in connection with your use thereof. OnceThere may also impose limits on the use or access to the Platform as required by law.
  9. Orders.
    1. Descriptions of Goods and Services. The goods and services Travelers may order through the Platform are provided by third party Service Providers, who have provided descriptions thereof to OnceThere. OnceThere does not warrant that descriptions or other content found within the Platform are accurate, complete, reliable, current, or error-free. If goods or services ordered through the Platform are not as described, Travelers may look solely to the applicable Service Provider for remedy.
    2. Pricing and Taxes. Service Providers offering goods and services through the Platform provide OnceThere with the applicable price and tax rate. Following payment as described below, the Service Provider remits any and all taxes due as the result of Traveler's order to the applicable authority out of the amount it receives from our payment processing partner.
    3. Payment Processing and Authorization. By placing an order, Traveler agrees to pay for the applicable goods and/or services, and that OnceThere may, through its designated payment processing partner, charge Traveler's payment method for such goods and/or services (including any taxes). Except as set forth below under "Cancellations," all sales are final.
    4. Fulfillment. Traveler acknowledges that the applicable Service Provider, and not OnceThere, is solely responsible for fulfillment of any order placed through the Platform.
    5. Cancellations. No order may be cancelled if it is placed within forty-eight (48) hours of its scheduled fulfillment. For orders placed in excess of forty-eight (48) hours of scheduled fulfillment, the applicable Service Provider's cancellation policy shall apply (which means that in some cases the orders are non-cancellable).
  10. Term and Termination. The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by OnceThere or you. You may terminate this Agreement by deleting the Mobile App and all copies of it from your mobile device. OnceThere may terminate this Agreement at any time without notice if it ceases to offer the Platform or support the Mobile App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (a) all license and other rights granted to you under this Agreement will terminate; and (b) you must cease all use of the Platform and destroy all copies, full or partial, of the Mobile App. You acknowledge that OnceThere may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
  11. Acknowledgements Regarding Apple, Inc., Google Inc. and other App Store Providers. You acknowledge that this Agreement is between you and OnceThere and not with Apple, Inc. ("Apple"), Google Inc. ("Google") or any sponsor or provider of any application marketplace (each an "App Store Provider") and that OnceThere (not the applicable App Store Provider) is responsible for the Mobile App or the Platform. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE PLATFORM, ANY MOBILE APP, OR ANY GOODS OR SERVICES PROCURED THROUGH THE PLATFORM. If you are using the Mobile App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the Mobile App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
  12. Disclaimer of Warranties and Acknowledgements. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL MEET TRAVELER'S REQUIREMENTS, THAT THE OPERATION THEREOF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.

    YOU ACKNOWLEDGE AND AGREE THAT SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR ANY AND ALL GOODS OR SERVICES PROCURED THROUGH THE PLATFORM AND THE FULFILLMENT OF ANY ORDERS. YOU ACKNOWLEDGE THAT ONCETHERE IS NOT LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM OR RELATED TO YOUR INTERACTIONS WITH ANY SERVICE PROVIDER.
  13. Limitation of Liability. IN NO EVENT SHALL ONCETHERE OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ONCETHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ONCETHERE OR ITS AFFILIATES HAVE AGGREGATE liability HEREUNDER for damages IN EXCESS OF THE GREATER OF TWENTY PERCENT (20%) OF THE AMOUNT PAID BY TRAVELER FOR THE ORDER GIVING RISE TO THE APPLICABLE CLAIM and $100.The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
  14. Acknowledgement Regarding SMS Messages and Push Notifications. To the extent the Mobile App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the Mobile App has push notification capability, by downloading the Mobile App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF ONCETHERE AND OUR PARTNERS.
  15. Export and Other Restrictions. Traveler may not use or otherwise export or re-export the Platform or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Platform was accessed or obtained. The Platform and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
  16. Amendments. Any amendments to and waivers under this Agreement shall only be valid if in writing and signed by an executive of OnceThere and Traveler, or in the case of Traveler, accepted via a click-to accept mechanism.
  17. Miscellaneous. Neither party shall be in default for failing to perform any obligation hereunder if such failure is caused solely by supervening conditions beyond the parties' respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions ("Force Majeure Event"). The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and the provision of the Platform. This Agreement constitutes the entire agreement between us regarding the Platform. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Traveler may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.