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Terms & Conditions
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Terms & Conditions

General Disclaimer


Last update: 19 May 2021

By accessing or using Triwey, you agree to be legally bound by these Triwey Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions, you should not use Triwey.


1.1 These Triwey Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user (you” and “your”) accessing the website https://triwey.com, the related domain names and services (collectively, “Triwey”) and the owner and operator of Triwey, namely, MCLEAF S.R.L. having a registered business address at Via Massena 12/7, 20145, Milano, Italy, and a registration number IT10432790961 (“we”, “us”, and “our”). These Terms outline the term and conditions of use of Triwey.
1.2 About Triwey. Triwey is a platform that facilitates the comparison and booking of sustainable hotels worldwide. 
1.3 License to use Triwey. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use Triwey pursuant to these Terms.
1.4 Disclaimer. Although we regularly monitor the information available through Triwey, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.

1.5 Minors. Triwey is not marketed and intended for use by persons under the age of 18. 
1.6 Privacy and other relevant terms. The documents that include important provisions regarding your use of Triwey and should be read and interpreted together with these Terms are our Privacy Policy and Cookie Policy which describe in detail how we handle your personal data collected through Triwey and other individual terms and conditions made available by us on Triwey. 

Bookings With The Reservation Systems


2.1 Links to the Reservation Systems. Triwey contains links to third-party booking service providers (e.g., Booking.com, Agoda, and Expedia) (the “Reservation Systems”). The Reservation Systems are owned and operated by third parties. We are not responsible or liable in any manner for the functioning, accuracy, services, or content of the Reservation Systems, information made available on the Reservation Systems, advertisements, as well as the security and privacy practices deployed by the operators of the Reservation Systems. Please exercise your due diligence while accessing and using the Reservation Systems.  
2.2 The Booking Contracts. If you decide to book a hotel through the Reservation Systems, your booking is the contractual relationship between you and the respective Reservation System (collectively, the “Contractors”). You acknowledge and agree that we are not a party to contract to govern your booking of a hotel (the “Booking Contract”) and the formation of the Booking Contract does not create employment, partnership, joint venture, or other service relationships between you and us. You agree to indemnify us against any fault, fraud, claim that may arise out of the Booking Contract. By using Triwey, you accept full responsibility for the Booking Contract and indemnify us against any dispute that may arise between you and the Reservation System or a hotel that you book. You acknowledge and agree that you book hotels by using the Reservation Systems and not Triwey. The Reservation Systems are solely responsible for managing your bookings. Therefore, for any specifics related to your Booking Contract, you are requested to contact the respective Reservation System or your hotel directly. You are solely responsible for carrying out appropriate checks regarding the Reservation Systems and your hotel, including, without limitation, their legal terms, relevant trade and industry accreditations, qualifications, legal authorizations, the scope of insurance, pricing policies, services to be provided, and availability schedule prior to concluding your Booking Contract. We are not responsible for any misrepresentation by a third party.
2.3 Disputes. WE ARE NOT A PARTY TO THE BOOKING CONTRACTS; WE DO NOT PARTICIPATE IN THE RESOLUTION OF ANY DISPUTES BETWEEN THE CONTRACTORS. We are not responsible for any disputes that arise between the Contractors, nor are we obliged to receive or process complaints against the Reservation Systems or hotels, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.
2.4 Other links. Triwey may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

User Account


3.1 Registration of User Account. In order to use the full functionality of Triwey, you must register a user account (the “User Account”). Before creating your Account, you will be requested to read and accept these Terms and review our Privacy Policy. You are responsible for remembering and keeping your own records your access credentials. Your User Account is not transferable and you are solely responsible for any activities occurring through your User Account. We reserve the right, at our sole discretion, to refuse registration of any User Account for any reason whatsoever. 
3.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:
You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of Triwey;
You will use Triwey for lawful purposes only;
You can conclude legally binding contracts with us; and
You are a human individual.
3.3 Security of User Account. You are solely responsible for maintaining the confidentiality of your User Account. You agree to immediately notify us about the allegedly unauthorized use of your User Account or any other security breach related to your User Account. You are also responsible for using a secure Internet connection and protected networks while using Triwey. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
3.4 Deletion of User Account. At any time, you may delete your User Account through the dashboard of your User Account or by contacting us. Upon deletion of the User Account, these Terms shall terminate.
3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your account if, at our sole discretion, we have grounds to believe that your use of Triwey seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.

Intellectual Property


4.1 Triwey’s content. Most of the content available on Triwey, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Triwey Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The Triwey Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease, or attempt to grant other rights to the Triwey’s Content to third parties or use any manual or automated means to scrape any content available on Triwey.
4.2 Triwey brand. You may not use the brand, the word or figurative trademarks associated with Triwey, or third-party trademarks without the prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
4.3 Third-party intellectual property. Triwey can be used for accessing third-party content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us. The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of Triwey.
4.4 Copyright infringement claims. If you have any grounds to believe that any content available on or through Triwey violates your or a third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
4.5 Your content. By submitting any content to us (e.g., your comments), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce your content for the purposes of carrying out our legitimate business interests.

Prohibited Use


5.1 Triwey can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
5.2 Triwey is available worldwide. It is your responsibility to assess whether your use of Triwey is in compliance with local laws and regulations.
5.3 You are not permitted to use Triweyin any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive): 
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g. copyright or trademark) infringement;
Any unauthorized access to geographically blocked content; 
Any unauthorized access to machines, programs, data, or committing any other forms of cyber offenses;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Triwey; 
Interfering with or abusing other users of Triwey;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of Triwey.

Availability and Force Major


We put reasonable efforts to ensure that Triwey is always accessible to you. However, the availability of Triwey may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Triwey caused by such factors.

Disclaimer of Warranties


7.1 We provide Triwey on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Triwey, the Third-Party Content, or other content featured on or access by using Triwey, whether provider by us or by third parties and hereby disclaim all warranties regarding Triwey and its operation.
7.2 It is your sole responsibility to verify and assess the fit for the purpose of Triwey prior to using it and to decide whether or not Triwey fits for the intended use.
7.3 By using Triwey, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers. 
7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

Limitation of Liability


8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Triwey, any content made available through Triwey, whether provided by us or by third parties, any transactions concluded through Triwey or use of Triwey for unauthorized or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control. 
8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Indemification


You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Triwey, or your violation of any law or the rights of a third party

Severity


In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

Governing Law and Disputes

11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflicts of law provisions.
11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Milano, Italy.
11.3 Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR platform provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.  
11.4 This Section 11 does not affect any statutory rights that you are entitled to as a consumer.

Miscellaneus


12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us. 
12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Triwey. Such amendments may be necessary due to new features of Triwey, changes in the requirements of laws, regulations, or our business practices. We will send you a push notification about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing the Terms. Your continued use of Triwey after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Triwey at any time, at our sole discretion.
12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary, or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of Triwey; 
Report you to public authorities; or
Commence legal action against you.
12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting ceasing to use Triwey. 
12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Triwey. 

Contact


If you have any questions about these Terms, please contact us by using the following contact details:
Email: privacy@triwey.com 
Postal address: MCLEAF S.R.L., Via Massena 12/7, 20145, Milano, Italy