Dtravel Terms and Conditions
Last updated 26 September 2023
These Terms and Conditions (the “Terms”) govern the legally binding relationship between you and Newstart Services, with its registered address at 2nd Floor, Harbour Place, 103 South Church Street, P.O. Box 472, George Town, Grand Cayman, KY1-1106, Cayman Islands (“us”, “we”, “our”) when you use dtravel.com, a subdomain of dtravel.com, or any other website operated by us where these Terms are displayed or linked (collectively the “Dtravel Platform”). By using the Dtravel Platform, you acknowledge that you understand these Terms, as well as our Privacy Policy, and agree to be legally bound by them.
The Dtravel Platform enables users to do the following: build an independent website/domain (“Domain”) to offer property/s for short-term rental use (“Accommodation”) as an “Operator”, directly to prospective customers or through various property management systems/property channel managers (“PMS”) we work with in order for users to directly search for an Operator’s Domain and reserve an Accommodation as a “Guest”. The Dtravel Platform facilitates Operators with the necessary tools for an Operator to build and customize their own independent direct Accommodation booking Domain (collectively “Services”).
General Terms
Acceptable Use
1.1 By using the Dtravel Platform, you agree and warrant that you:
(i) will use the Dtravel Platform strictly for personal and non-commercial purposes only (except in the case of Operators) and you acknowledge that use of the Dtravel Platform for any other purpose is prohibited;
(ii) will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Dtravel Platform whether using robots, spiders, or other "screen scraping" software or system used to extract data;
(iv) will not use the Dtravel Platform for any purpose that is either unlawful or not allowed under these Terms.
(iv) will not commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
(v) will not use the Dtravel Platform while impersonating another person;
(vi) will not use the Dtravel Platform to defame or libel us, our employees or other individuals;
(vii) will not transmit any viruses, Trojan horses, worms, or other items that may cause damage to our property or the property of other individuals;
(viii) will not post or transmit to the Dtravel Platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise, or which is detrimental to or in violation of our systems or a third party’s systems or network security;
(ix) will not tamper with, hinder the operation of, or make unauthorized modifications to the Dtravel Platform;
(x) will not breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction while using the Dtravel Platform; and
(xi) will not attempt to gain unauthorized access to the Dtravel Platform, user accounts, cryptographic wallets or computer networks or systems connected to the Dtravel Platform through hacking, password mining, or any other means.
1.2 You must be at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18) to use the Dtravel Platform. By entering into this agreement, you confirm that you possess the legal authority and necessary minimum age to use the Dtravel Platform in accordance with these Terms. We will not compensate you or anyone else for any expenses incurred as a result of minors using the Dtravel Platform.
1.3 Unless otherwise indicated, we own, or license from third parties, all rights, title, and interest (including, without limitation, copyright, designs, patents, trademarks and other intellectual property rights) contained on the Dtravel Platform and in all of the material (including, without limitation, all text, graphics, logos, audio and software) made available on the Dtravel Platform (“Content”). Your use of the Dtravel Platform and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to the Dtravel Platform or the Content. However, we do grant you a license to access the Dtravel Platform and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorized by us and/or our third party licensors. All other use, copying, reproduction or redistribution of the Dtravel Platform, the Content, or any part of the Dtravel Platform or Content is prohibited, except to the extent permitted by law. In addition, you must not copy the Content to any other server, location or support for publication, reproduction, or distribution is expressly prohibited.
1.4 We will determine whether there has been a breach of these Terms through your use of the Dtravel Platform. If a breach of this Policy has occurred, we may take such action as we deem appropriate, including denying you access to the Dtravel Platform, bringing legal proceedings against you, or disclosing such information to law enforcement authorities as we deem appropriate.
1.5 Our Dtravel Platform may contain links to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are not liable to you if interference with or damage to your computer systems occurs in connection with the use of the Dtravel Platform or any linked website. You must take your own precautions to ensure that whatever you select for your use from our Dtravel Platform is free of viruses or any other malware that may interfere with or damage the operations of your computer systems.
1.6 If we allow you to post any information to the Dtravel Platform, we have the right to take down this information at our sole discretion and without notice.
1.7 By using the Dtravel Platform, or by entering into correspondence with us through email, social media, telephone, or other communication tools, you agree that we may communicate with you through methods including, but not limited to, email, social media, messaging applications, telephone and in-app notifications. If you wish to unsubscribe from marketing emails, please click ‘Unsubscribe’ at the footer of any of our marketing emails or email us at dpo@dtravel.com. Please note that, if you unsubscribe from our marketing emails, you will still receive non-marketing emails from us.
2. Disclaimers
2.1 EXCEPT AS DESCRIBED IN THESE TERMS, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES THAT WE PROVIDE AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY (EXCEPT IN RELATION TO NON-EXCLUDABLE OBLIGATIONS IN LAW).
3. Limitation of Liability and Indemnification
3.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT DO WE NOR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, OR RELATED BODIES CORPORATE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DELAY, INCONVENIENCE, LOSS OF PROFITS, OR ADDITIONAL EXPENSE WHICH MAY BE SUFFERED DUE TO (WITHOUT LIMITATION) YOUR USE OF OR THE INABILITY TO USE OUR SERVICES, THIRD PARTY PROVIDERS, FORCE MAJEURE, OR EVENTS THAT WE CANNOT CONTROL OR WHICH COULD NOT HAVE BEEN PREVENTED BY REASONABLE DILIGENCE ON OUR PART.
3.2 IF IT IS DETERMINED THAT WE ARE LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF, OR IS CONNECTED TO, YOUR USE OF THE DTRAVEL PLATFORM, OUR MAXIMUM LIABILITY UNDER THESE TERMS SHALL NOT EXCEED: (A) IN THE CASE OF OPERATORS, THE TOTAL VALUE OF THE RESERVATIONS RECEIVED BY THE OPERATOR ON THE DTRAVEL PLATFORM IN THE 1-WEEK PERIOD IMMEDIATELY PRECEDING THE EVENT RESULTING IN THE LIABILITY; (B) IN THE CASE OF ANY OTHER PARTY THAT IS NOT AN OPERATOR, SUCH LIABILITY SHALL BE LIMITED TO US$100.00.
3.3 IN THE EVENT THAT THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT POSSIBLE, AS PERMITTED BY APPLICABLE LAW.
3.4 YOU (BEING AN OPERATOR OR ANY OTHER FORM OF USER OF THE DTRAVEL PLATFORM) AGREE TO FULLY INDEMNIFY US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND/OR AFFILIATES (INCLUDING OUR AFFILIATED, SUBSIDIARY AND/OR PARENT COMPANIES) FOR ANY AND ALL (WITHOUT LIMITATION) DAMAGES, COSTS, EXPENSES, LIABILITIES, FINES AND/OR PENALTIES, INCLUDING ATTORNEY FEES, WHICH ARISE AS A RESULT OF YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS SUPPLEMENTAL OR RELATED TO THE DTRAVEL PLATFORM, YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF ANY THIRD PARTIES AND/OR ANY OTHER ACT OR OMISSION BY YOU WHICH IS IN RELATION TO THE SUBJECT MATTER OF THE TERMS HEREIN.
4. Miscellaneous
4.1 We and any of our related third parties make no representation about the suitability of the information, software, products and Services contained on the Dtravel Platform for any purpose, and the inclusion of offering for sale or offering in consideration of a commission of any products or services on the Dtravel Platform does not constitute any endorsement or recommendation of such products or services by us or any of our related third parties. All such information, software, products and services are provided "as is" and without warranty of any kind.
4.2 You agree that, by using the Dtravel Platform (including as an Operator), no joint venture, agency, partnership, or employment relationship exists between you and us.
4.3 Any currency rates (if displayed) on the Dtravel Platform are not verified or guaranteed by us as being accurate and should be used as guidelines only. Rates are not guaranteed to be updated every day and actual rates may vary.
4.4 The information, software, and Accommodation published, displayed or used on the Dtravel Platform may include inaccuracies or typographical errors. We do not guarantee the accuracy of any part of the Dtravel Platform and disclaim all liability for any errors or other inaccuracies relating to the information, pricing and description of any Services on the Dtravel Platform.
4.5 We reserve the right to blacklist users and/or Operators from the Dtravel Platform on a permanent or temporary basis, at our discretion. Any such blacklisted user and/or Operator must not attempt to use the Dtravel Platform under any other name, wallet address or through any other user/Operator.
4.6 These Terms are subject to existing laws and legal processes that we are subject to in providing the Dtravel Platform and all other aspects of these Terms. Nothing contained in these Terms limits our right to comply with law enforcement, governmental or legal requests, or requirements relating to your use of the Dtravel Platform. To the maximum extent permitted by applicable law, you agree to bring any claim or cause of action arising from or relating to your access or use of the Dtravel Platform within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.
4.7 These Terms, including any other relevant terms and conditions or policies referenced herein or supplemental to these Terms, constitute the entire agreement between you and us with respect to the Dtravel Platform. These Terms supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us with respect to the Dtravel Platform.
4.8 If any provision of these Terms is deemed invalid or unenforceable, the provision will be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect. Any invalid or ineffective provision shall be replaced with a new, valid and effective one which corresponds to the intent and purpose of the provision that is being replaced.
4.9 These Terms may be amended at any stage without notice at our sole discretion and will be effective immediately upon their publication on the Dtravel Platform. By continuing to use the Dtravel Platform, you agree to the changes set out in these Terms. If you do not agree to any modification to these Terms, you should cease using the Dtravel Platform immediately. We encourage you to review these Terms often to stay up to date with the current terms and conditions that apply to your use of the Dtravel Platform.
4.10 The information and personal data that you provide when using our Services is processed in accordance with our Privacy Policy, which forms an inseparable part of these Terms. By accepting these Terms, you confirm that you have read and understood our Privacy Policy. In the event that we process personal information of your Guest or users of your Domain as a “data processor” or “service provider” under applicable data privacy or protection laws, which includes the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, our collection and use of personal information is also subject to our Data Processing Addendum.
4.11 Our contractual obligations to you under these Terms may be hindered, delayed, or prevented due to reasons of Force Majeure. In instances of Force Majeure, we are exempt from any derived legal responsibilities arising from such deficiencies or non-compliances. Force Majeure is defined herein to include, but is not limited to factual, technical, political, economic, meteorological circumstances, including but not limited to acts of God, natural disasters, epidemics, pandemics, public health emergencies, wars, terrorism, civil conflicts, protests, riots, blackouts, strikes, any governmental or regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations, changes to visa or passport requirements, and other circumstances that cannot be reasonably foreseen or resolved.
4.12 The Services provided on the Dtravel Platform have a range of features and functionalities. Not all Services or features will be available to all Operators at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
4.13 These Terms, the legal relations established under these Terms, and all disputes arising out of or in connection with these Terms, are governed by the laws of the Cayman Islands.
4.14 In the event of a dispute arising out of or in connection to these Terms, you agree to notify us in writing of such dispute prior to initiating a claim in a court, tribunal or through arbitration and attempt in good faith to negotiate an informal resolution to the dispute. In the event that such dispute is not successfully resolved within ninety (90) days from the date of notification of dispute to us, without ousting the jurisdiction of a court or tribunal of competent jurisdiction, Any dispute arising out of or in connection with these Terms may be resolved by binding arbitration. The arbitration shall be administered by the International Chamber of Commerce (“ICC”) in accordance with the ICC Rules of Arbitration in force at the time of commencement. The parties agree that, under the ICC Rules of Arbitration, the arbitrator shall have the exclusive power to rule on any dispute arising out of or in connection with these Terms. The number of arbitrators shall be one, and any and all costs of the arbitrator shall be equally shared between the parties. The administrative filing fees of the ICC shall be borne solely by the party claiming against us in the event the arbitration route is chosen by the parties to resolve the dispute.
Operators Terms
In this section, references to “you” or “your” means an Operator.
“Force Majeure” is defined herein to include, but is not limited to factual, technical, political, economic, meteorological circumstances, including but not limited to acts of God, natural disasters, epidemics, pandemics, public health emergencies, wars, terrorism, civil conflicts, protests, riots, blackouts, strikes, any governmental or regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations, changes to visa or passport requirements, and other circumstances that cannot be reasonably foreseen or resolved
“Materials” means your trademarks, copyright content, the Accommodation you offer on your Domain (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to us or our affiliates.
“Operator” means any individual or entity that lists Accommodation/s on the Domain created
“Stay” means the period on and between the check-in date and the check-out date of a Guest taking up lodging at an Accommodation reserved on the Dtravel Platform.
Service Terms
5.1 In order to utilize our Services, you must first register for an Operator account with us. To complete an operator account registration, you shall provide your full legal name, business address, phone number, a valid email address, and any other required information (the information provided shall not be exhaustive and we shall have the right to require you to provide further information we may deem necessary or as required by applicable laws). We may reject your application for an Operator account, or cancel an existing account, for any reason subject to and in accordance with clause 8.10 of this Terms.
5.2 By using the Services and registering for an Operator account, you represent and warrant that:
you are at least eighteen (18) years of age;
you have the full right, legal capacity, and authority to agree to these Terms;
you are not a resident, or tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms is unlawful or restricted in any way;
you do not violate any short-term rental or zoning laws and/or regulations and you represent to us that, if your Accommodation is located in an area that requires specific permits, registration and/or licenses, you have acquired all such applicable approvals to legally provide short-term rentals and agree to display all relevant information (including the license number) about such approvals in your Accommodation description; and
you are compliant with the applicable law to which you are subject in your respective jurisdiction and will not participate under these Terms if any applicable law in your jurisdiction prohibits you from doing so in accordance with these Terms;and
you are not prohibited from accepting payments for Accommodation bookings in cryptocurrency in the jurisdiction you reside in or where the Accomodation/s are situated. In the event that a valid license, permit or approval is required for you to receive payments in cryptocurrency, you further represent and warrant that you possess a valid license, permit or approval from the relevant regulatory authority.
Domain Creation
6.1 When creating a Domain to list your Accommodation, you may set the availability of the Accommodation, the price per night of the Accommodation, the cancellation policy and any rules that Guests must comply with during their Stay at the Accommodation via the PMS Partner or directly within your Dtravel Dashboard. We will not be liable for any inaccuracies displayed on the Domain relating to, without limitation, descriptions of the Accommodation, photographs of Accommodation, lists of amenities or facilities and their respective availability, nor will we be liable to reimburse or cover any insufficiency of cost payable by you to the Guest due to any inaccurate reservation price posted by you.
6.2 Upon creating a Domain for an Accommodation, a smart contract on the relevant network/chain is generated for that Accommodation which is linked to your connected cryptographic non-custodial wallet (applicable only if you enable cryptocurrency payments). This smart contract enables you to accept cryptocurrency bookings in a decentralized manner using blockchain technology. You acknowledge that the reliability of the smart contract depends on the reliability of the relevant chain/network, and that Dtravel is not liable for any losses, whether direct, consequential or indirect, that arise as a result of the inadequateness or failure of the relevant chain/network, or as a result of your failure to ensure that your non-custodial cryptographic wallet is perpetually accessible by you, secure, or properly connected.
6.3 You acknowledge that any payments for a booking made to you by a Guest are facilitated by third-party blockchain systems (in the case of cryptocurrency payments) or third-party payment processors (in the case of fiat currency payments). We do not, at any point in time, have custody of or access to control the payment made by a Guest to you or any other applicable payments due to you. You shall be bound by the terms and conditions set by the specific blockchain systems or third-party payment processors facilitating the transaction.
6.4 When you accept a reservation, you agree to the applicable prevailing Dtravel Platform fees being deducted from the total reservation price payable by a Guest to you. The current prevailing Dtravel Platform fee is 3% of the total reservation price payable by a Guest to you. Notwithstanding the foregoing, we retain the right to vary (increase or decrease) the Dtravel Platform fees at any point of time with or without notice to you.
6.5 When a Guest reserves your Accommodation, you may choose to accept or decline their reservation. If you accept, you acknowledge that you enter into a contract with the Guest and agree to provide your Accommodation to the Guest for the duration of their Stay on the terms set out in your Accommodation listing.
6.6 It is your responsibility to ensure that the description of your Accommodation is accurate and does not mislead Guests, and that your Accommodation is clean and appropriate for lodging. Any reports or complaints of non-compliance with the aforementioned warranty shall be rectified by you as soon as it is reported to you. You shall be fully liable for any loss or damage suffered by Guests for non-compliance of the aforesaid requirements.
6.7 Subject to clause 3.4 of these Terms, you as the Operator shall be solely responsible to claim from a Guest any loss or damage suffered by you which is caused by a Guest to or within the Accommodation during a Stay. Further, you shall be solely and fully liable for any loss, damage, injury and/or death suffered by the Guest or any person the Guest may bring onto the Accommodation during a Stay which is due to your negligence or breach of these Terms.
Cancellations, Refunds and Changes
7.1 When a Guest cancels a reservation, the refundable amount (if any) will be determined by your applicable cancellation policy.
7.2 You should only cancel a Guest’s reservation if you have a valid reason under applicable law or if a Force Majeure event occurs. Any fees payable to us or payable to any third party service provider (such as the applicable payment service provider) prior to the cancellation will not be refunded to you on the grounds that a reservation was thereafter canceled.
7.3 You represent and warrant to make payment of any applicable refunds to the Guest in accordance with the refund terms/policy you had set when listing your Accommodation.
Legal and Other Considerations
8.1 You fully agree and understand that the Dtravel Platform is only a facilitator in providing you with the necessary tools to build and customize your own short term rental booking platform. We shall not have any contractual duty or obligation owed to any Guest and/or any other third party that you may intentionally or unintentionally enter into a contract with in the course of you providing your offerings through your independent Domain. When Guests make a booking on your Accommodation on your Domain, they enter into a contract directly with you. You further agree that you shall be solely liable for any act or omission in the course of providing Accommodations for short term rental on your Domain.
8.2 You acknowledge and agree that the Services provided by us is not a platform for you to list your Accommodation for booking to prospective Guests through us, and any contract of sale to Guest made through your Domain is directly between you as the Operator and the Guest. You are the seller of record for Accommodations offered on the Domain through your use of the Services. You are responsible for the creation and operation of your Domain, your Materials, the Accommodation you offer, and all aspects of the transactions between you and your Guest. This includes, but is not limited to, authorizing the charge to the Guest in respect of the Guests booking, refunds, customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms. You represent and warrant that your Domain, your Materials and the Accommodation you offer and any additional goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Dtravel Platform will not be the seller or merchant on record and will have no responsibility for your Domain (other than as stipulated in these Terms to be part of the Services) or Accommodations offered on your Domain.
8.3 By utilizing our Services, you warrant that you have the requisite legal capacity to enter into and be bound by these Terms and, where you are acting on behalf of a legal entity, you represent and warrant that you have the authority to legally bind that legal entity to these Terms.
8.4 You agree that, as the Operator, it is your responsibility to ensure that you comply with applicable laws and regulations, as well as the terms of any contracts which you may have with third parties that may affect the legality of listing your Accommodation (such as landlords or lessors) which may limit or prohibit subletting or renting your Accommodation.
8.5 You acknowledge that you will be solely responsible for any acts or omissions you take or fail to take in connection with a Guest’s Stay at your Accommodation. You further acknowledge that it is your sole responsibility to appropriately set all the terms of use of your Domain, privacy policy for the Domain (in compliance with the applicable data protection laws), terms for booking your Accommodation on the Domain, including but not limited to, the price, refund terms, cancellation terms, availability, booking terms and house rules in the Accommodation and terms and conditions for any users of the Domain (collectively “Domain Terms”). For the purposes of the Domain Terms, subject to clause 8.2 of the Terms, you as the Operator shall be the contracting party with the Guest and shall ensure that the legal name or legally registered entity appears as the contracting party on the Domain Terms in order to contract with Guests. We may however offer you templates for terms and conditions and privacy policy that your Guest would need to adhere to (collectively “Template T&C”). By utilizing the Template T&C however, you agree and acknowledge to not hold us liable for any circumstance where the Template T&C is found to not adequately address any unforeseen liability, event or obligations of any party. You shall at all times be responsible to maintain your own Domain Terms and obtain independent legal advice on the adequate Domain Terms to place on your Guest and any user of the Domain. We do not provide any warranty, representation or adequateness and suitability of the Template T&C. Further, in the event that you utilize the Template T&C, you shall thoroughly read through the Template T&C and ensure that you understand and comply with all requirements set out in the Template T&C. You also agree that by providing the option for you to utilize a Template T&C is only for your convenience and does not constitute to legal advice, we strongly recommend you to seek independent legal advice in relation to the use of the Template T&C if utilized.
8.6 You acknowledge that, by using any part of the Dtravel Platform and the Services offered, no joint venture, partnership, employment, or agency relationship of any kind is created with us or arises as a result of your use of the Dtravel Platform. The relationship between you and us would be that of an independent contractor.
8.7 We strongly recommend you to obtain the required insurance that would adequately cover any loss or damage to your Accommodation in the event that a Guest causes damage to your Accommodation or you incur liability to a Guest in the event of their injury or death during their Stay at your Accommodation.
8.8 Any and all obligations that you have to report, remit, or collect any taxes, or to display such taxes on your listing, are your sole responsibility. Where applicable law requires us to collect or report tax information in relation to your use of the Dtravel Platform, we reserve the right to request documentation from you to fulfill any such requirement.
8.9 You represent and warrant to handle and store all personal information of Guest which you receive in compliance with personal data protection laws applicable to you and the Guest which notwithstanding shall include compliance with the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). You further represent to comply with the applicable data protection law requirements in relation to Guest personal data which includes and is not limited to (i) providing a contact channel for Guest to access their personal data and to request for erasure, amendment or records of their personal data, (ii) provide information on handling of Guest personal data, (iii) providing an avenue for Guest to be able to opt-out of any marketing or informational emails that you may send to Guest (if applicable), (iv) collecting personal data that is only relevant for the purpose such personal data is collected, (v) ensuring accuracy with the personal data collected, (vi) collecting and using personal data of Guest only for the purpose such personal data was provided, (vii) storing personal data of Guest only for the duration such personal data is required to be stored for the purpose it was provided, and (viii) storing personal data of Guest in a safe and secure manner where it is not accessible to anyone that should not have access to collected Guest personal data.
8.10 Notwithstanding anything to the contrary contained in these Terms, we reserve the right to cancel/deactivate or suspend an Operator account created and revoke/cancel any Domain Name (in accordance with clause 10 herein) without assigning any reason thereto with or without notice to you.
Intellectual Property
9.1 You hereby provide us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, translate, and create derivative works of any Materials provided by you in connection with the Services we provide. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under these Terms. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of us and agree that this waiver may be invoked by anyone who obtains rights in the Materials through us, including anyone to whom we may transfer or grant (including by way of license or sublicense) any rights in the Materials.
9.2 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Domain to operate, provide, and promote the Services and to perform our obligations and exercise our rights under these Terms. This license will survive any termination of the Terms solely to the extent that we require the license to exercise any rights or perform any obligations that arose.
Domain Name
10.1 To build a Dtravel Platform hosted Domain, you would be required to choose a domain name which would be subject to availability (“Domain Name”). You agree that the domain name you select shall not be offensive, vulgar, inappropriate, resembles a trademark of a third party or infringes on any third party’s registered or unregistered intellectual property. We reserve the right to reject the usage of any selected Domain Name or cancel an Operator account without assigning any reason for such rejection/cancelation at any time after account/Domain creation.
10.2 You agree to fully indemnify us in the event of a claim for breach of any third party intellectual property in relation to the Domain Name you select or any other action made against us that is attributable to your Domain Name.
10.3 Notwithstanding a Domain Name being selected by you, you agree that all rights to the Domain Name you select shall be assigned to us and shall be deemed to be owned by us. You agree and acknowledge that we shall have the right to revoke a Domain Name selected and used by you at any time with or without notice to you.
10.4 In addition to the Services described herein, the Dtravel Platform also enables you to connect a self hosted Domain name already owned by you to be set as your Domain address. In the event that you use your own website address which is rightfully owned by you, you agree and acknowledge to be liable to any claims or losses incurred in relation to your own domain name. Notwithstanding the foregoing, we reserve the right to reject the usage of your own domain name in the event that we find it to be offensive, vulgar, inappropriate, resembles a trademark of a third party or another Operator’s Domain Name or infringes on any third party’s registered or unregistered intellectual property.