INFORMATION ABOUT US

The manager of the Platform is TruTrip. TruTrip’s details are as follows:

UPDATE AND MODIFICATION OF TERMS OF USE

TruTrip reserves the right to modify these Terms of Use and the Privacy Policy at any time without giving prior notice. Users should carefully read these Terms of Use before accessing the Platform. In all circumstances, the acceptance of these Terms of Use is an essential first step toward access to the Services and content available on the Platform. The most current Terms of Use will be available at all times on the Platform.

DESCRIPTION OF SERVICES

1. TruTrip is a travel agent duly registered in Singapore, Licence No. TA03340, and has created this Platform to allow organisations of all sizes to save time and money on managing business travel (such organisations that use the Platform referred to as the “Organisation“). The system created by TruTrip operates as follows:
   1. Travel policy management. By signing up with us, Organisations have the option to provide information about their travel policies regarding their Users’ and/or Travellers’ travel spend (the “Travel Policies“). While TruTrip will implement commercially reasonable measures to encourage an Organisation’s Users and Travellers to comply with the Organisation’s Travel Policies, TruTrip cannot guarantee such compliance. TruTrip commits to no less than 95% of the expenditure spent via the Platform to comply with the policy as set by the Organisation within the Platform. In the event compliance drops below 95%, the Organisation will be entitled to any and all commercial benefit of the out of policy spend, and a rebate worth up to 50% of the previous six-month subscription revenue. For the avoidance of doubt, this compliance calculation and relevant percentage must be based on a minimum of $100k (USD) of bookings or more.  In the event $100k of bookings has not been completed, TruTrip accepts no liability.
   2. Search & Booking. When a User searches for a trip, our system displays available results and highlights the options which are out of the relevant Travel Policies. Such User can be the Organisation’s employee, travel manager or other representative of the Organisation. A User may place a Booking for himself, or on behalf of another employee within the Organisation. In these Terms of Use, the employee undertaking the travel is referred to as the “Traveller“, and may or may not be the same person as the User.The Platform allows the User to book the selected travel itinerary and pay for it according to the methods of payment available on the Platform.A “Booking” refers to the booking of a ticket or other services listed at Annex 3 (as the case may be) booked by the User through the Platform. TruTrip will liaise with the relevant service providers (all service providers listed on the Platform referred to as “Suppliers“) to secure the Booking on behalf of the Traveller upon the User’s confirmation of the Booking. Each Booking will be assigned a unique Booking number upon confirmation of the Booking.
   3. Servicing. In case of cancellation, modification or no-show of the Booking, TruTrip will refund to the User and/or the Organisation (as the case may be) the corresponding Booking amounts less any costs for processing payment on the Platform and any costs applied by the Supplier for such cancellation, modification or no-show (provided that said Supplier expressly allows and actually reimburses such amount to TruTrip). In this regard, TruTrip may, at its sole discretion, credit the corresponding amount to the account of the User and/or the Organisation (as the case may be).
   4. Managing and Reporting. We provide data and reports to the Organisation for compliance, pricing and insight purposes. In the event an Organisation wishes to give Platform data access to a 3rd party, TruTrip shall obtain express and explicit permission from the Organisation for 3rd party data sharing for the purpose of reporting, compliance, or insights. The authority given by the Organisation, relating to 3rd party access, shall expressly set out TruTrip’s rights to share relevant data including, where indicated in the permission granted by the Organisation, at a user identifiable level. In addition the Organisation, in giving their authority to TruTrip, also confirms they have the appropriate authority to give permission for and on behalf of all associated Organisations and Users. In all cases TruTrip shall only disclose data to the level authorised within the permissions granted by the Organisation.
   5. Credit Services. At our discretion, we may choose to provide our Credit Service to facilitate payment for Bookings. In all cases, TruTrip has the final decision on whether to offer this service to the Organisation. For more information, please refer to Section 7 of this agreement and Annex 5.
2. By using this Platform to make Bookings and/or purchase Services, the Organisation, User and Traveller authorise TruTrip to act as their agent during the booking and purchasing process with the corresponding Suppliers, as well as for the payment of the products or services, to the extent as necessary, in order to ensure that the transaction between the Organisation, User and/or Traveller and the Suppliers, is performed correctly.

RESPONSIBILITIES

1. TruTrip will not be responsible for any damages that may result from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of the electronic system or User’s devices due to causes beyond TruTrip’s control, which prevent or delay the use of the Platform, nor for any delays or obstructions in the use caused by deficiencies or overloading of the Internet or other electronic systems, nor for the impossibility to provide the service or allow the access for causes beyond TruTrip’s control and due to the Users’, third parties, failures in our partner’s and suppliers’ computer systems or force majeure issues.
2. Notwithstanding the foregoing, TruTrip has taken and will take all commercially reasonable measures, within its capabilities and the conditions of technology, to ensure that the Platform works properly and to avoid the existence and transmission of viruses and other harmful components to the Users.
3. TruTrip reserves the right to interrupt or suspend the access to the Platform at any time and without any previous notice, either for technical, security, control, or maintenance reasons, or for the failure of electricity supply or any other cause.
4. TruTrip does not control, in general, the use made ​​by the Users of the Platform. In particular, TruTrip does not represent or warrant that Users will use the Platform in accordance with the applicable law, these Terms of Use, moral principles, received customs and usages and/or public order, or that they will do so in a diligent and cautious way. Consequently, TruTrip is not responsible for the use that Users make of the contents of the Platform that may involve a violation of any national or international law, intellectual property rights or any other third parties’ right.
5. Users will be responsible for the Platform use and for any direct or indirect effect arising from the Platform, including but not limited to all economic, technical and/or legal results as well as the non-fulfilment of the expectations generated by the Platform, and they are hereby bound to indemnify TruTrip for any claims arising, directly or indirectly, from said facts.
6. To the extent permitted by law, neither TruTrip nor any of our officers, directors, employees, representatives or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents shall be liable for (a) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim; (b) any inaccuracy relating to the information (including rates, availability and ratings) of the Suppliers as made available on our platform; (c) the services rendered or the products offered by the Suppliers or other business partners; (d) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform; or (e) any personal injury, death, property damage, or other direct, indirect, special, consequential or punitive damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or wholly or partly attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including, but not limited to, any full or partial cancellation, overbooking, delay, damaged or lost baggage, strike, force majeure or any other event beyond our control.
7. For the avoidance of doubt, TruTrip shall only be liable for wilful intent or gross negligence by its authorised representatives to the extent that such liability is imposed under applicable law. Notwithstanding the above, the liability of TruTrip outlined in this paragraph is limited to pecuniary losses or damage to property suffered by the User or Traveller.
8. TruTrip is only responsible for passing on the Traveller’s relevant information to the Supplier for the Supplier’s fulfilment of a Booking or provision of the Services.
9. Once the Booking is made, all terms and conditions and other contractual terms of the respective Supplier shall apply as between the Supplier and the User and/or the Traveller. TruTrip will not be liable for any breach, default or deficiency during the provision of services by the Supplier. TruTrip is not responsible and has no liability to you in respect of any Bookings regardless of any unforeseen circumstances including but not limited to delays, cancellation, force majeure, strike, overbooking. All terms and conditions and other contractual terms of the Supplier between the Supplier and the User and/or the Traveller shall apply in addition to and shall prevail over these Terms of Use. Without limitation to any other term in these Terms of Use, in the event that the relationship between the User and/or Traveller and the Supplier leads to a default or other breaches of the present Terms of Use, TruTrip shall not be liable.
10. Additionally, the User and Traveller shall jointly and severally hold TruTrip harmless at all times of any claim and/or any damages caused by any Traveller to a third party during the travel, and shall assume all liabilities, damages and/or injuries and/or obligations derived from or caused by the breach of any terms and conditions of the Supplier by any Traveller.

OBLIGATIONS OF USERS

1. All Users agree to be bound by these Terms of Use and to act according to all applicable law and at all times in good faith. The Users agree not to use the Platform in any way that could prevent or damage the proper functioning of the Platform, the rights of TruTrip, other Users or any third party.
2. The User and/or the Organisation agrees to pay to TruTrip for all Bookings made by the User on the Platform. In the event that the User for some reason does not pay TruTrip for any Booking for which payment he is responsible, the Organisation shall pay TruTrip all outstanding payment amounts accordingly upon TruTrip’s demand.
3. The Organisations and Users shall jointly and severally be responsible for safeguarding any passwords provided by TruTrip in order to enter the Platform and guarantee that no unauthorised third parties shall gain access to them. The Organisations and Users declare that all information provided by them in order to enter the Platform, before and during use (including without limitation for making any Booking), is true, complete and accurate and warrants keeping this information updated.
4. The Organisations and Users agree to not use this Platform for illegal or improper purposes. In particular, the Organisations and Users accept that the Bookings made on the Platform (including the purchase of services pursuant to such Bookings) are for their own use or consumption, or for the use and consumption of their employees in whose name they are legally authorised to act. The Organisations and Users may not resell the Bookings (including the services pursuant to such Bookings) to third parties. TruTrip reserves the right to deny access to the Platform at any moment with no prior notice when TruTrip has reasonable belief an Organisations and/or Users are, or intend to, use the Platform for illegal or improper purposes.
5. Users and Travellers are responsible for ensuring that Travellers meet foreign entry requirements and that Travellers’ travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. TruTrip is not responsible and shall not be liable if any Traveller is refused entry into any country.

PREMIUM SERVICES

The Organisation may contract with TruTrip for premium services in addition to those stated in these Terms of Use, in which case the terms and conditions expressly agreed by and between TruTrip and the Organisation shall apply together with these Terms of Use.

For details of TruTrip’s standard subscription plans, and what is included, please refer to Annex 7.

PAYMENT

1. All Bookings made shall be paid by either the User or the Organisation (as selected by the User) by credit card or such other methods indicated on the Platform from time to time.
2. If any Supplier charges TruTrip for any additional services not previously charged on the Platform, TruTrip reserves the right to charge the Organisation accordingly.
3. TruTrip reserves the right to cancel any Booking or request for Booking in the event that TruTrip reasonably believes that any transaction relating to the Booking is fraudulent e.g., the payment method is not legally valid, and/or the User and/or the Organisation (as the case may be) is not the legal owner of such payment method. Under these circumstances, TruTrip will attempt to contact the User and/or the Organisation using the e-mail address provided during the booking process, or through the User and/or Organisation’s bank (as the case may be). If TruTrip cannot contact the User and/or the Organisation or their respective bank, the Booking or request for Booking will be automatically cancelled for security reasons.
4. The Organisation may choose to use one of the Credit Services available to facilitate payment for Bookings. In all cases, the Credit Provider has the final decision on whether to offer this service to the Organisation:
   1. For Organisations based in Singapore and Malaysia the Credit Provider is Fluid Financials Pte Ltd (GoFluid). Please see Annex 5 for more information
   2. Outside Singapore and Malaysia, TruTrip is the Credit Provider. The terms of the facility shall be set by TruTrip in alignment with the Rates, Frequency and Payment Term options (the Credit Terms) outlined in Annex 5.
   3. As part of this facility, invoices shall be
      1. sent to the designated contact at the Organisation.
      2. issued as a summary of transactions and include, as an annex, a list of the transactions and transaction reference numbers that can be further reviewed via the Platform.
      3. directed to up to 4 different billing entities. Additional entities can be arranged at a charge of $15 per entity.
      4. sent with the agreed payment instructions invoice.
      5. sent with both Singapore Dollar amounts or the local currency amounts (if appropriate) shown. The local currency value shown on the invoice is the amount due to be received by TruTrip; however, on the Platform the value will be shown as per the Organisation’s Billing Currency. The currency exchange rates between billing currency and invoice currency, where appropriate, shall be shown on the invoice and based on https://wise.com/, inclusive of their fees.
      6. net of all fees associated with the transfer. Any fees required to send or receive the money related to invoices, must be borne by the Organisation.
      7. subject to invoice query or payment challenge by the Organisation within three working days of receiving the invoice.
      8. considered received 1 working day after electronic issuance (i.e., when sent via email).
   4. The termination process for the Credit Agreement service depends on whether there is an Outstanding Balance. An Outstanding Balance is defined as a difference between monies received and the cost of services rendered. In the event:
      1. there is no Outstanding Balance, no further action is needed from either party once notice is given.
      2. there is an Outstanding Balance owed to TruTrip, the Organisation shall settle into a bank account nominated by the receiver by the latter of (i) 10 working days of the termination date, or (ii) 5 working days from being notified of the nominated bank account.
      3. there is an Outstanding Balance owed to the Organisation, TruTrip shall settle immediately available funds within 5 working days from being notified of the nominated bank account. Funds not available due to refunds in process or disputes with Travel Suppliers, shall be held until a time they are available. TruTrip shall provide monthly updates on the state of such funds held by Travel Suppliers and agree to not unduly delay any refund process.
      4. In the event TruTrip holds a Travel Suppliers’ credit on behalf of the Organisation, for example, because of a refund, TruTrip shall make best efforts to economically transfer ownership to the Organisation. If ownership transfer is not possible, TruTrip shall not be liable for the value of the credit and such funds shall be written off by both parties.

CONFIDENTIALITY

1. For the purposes of this Clause 8.1, the term “Confidential Information” refers to information disclosed to TruTrip by the Organisation and/or the User belonging to the Organisation for the purpose of providing the Services through the Platform. TruTrip shall consider all information provided as “Confidential” unless the information is publicly available or stated otherwise. Confidential Information includes information relating to company data, know-how, trade secrets, and also any information or analyses derived from, containing or reflecting such information, provided that such information is marked “Confidential” by the Organisation and/or User.
2. Confidential Information shall exclude information which (a) is publicly available at the time of its disclosure to TruTrip; (b) becomes publicly available other than as a result of disclosure by TruTrip in breach of this Clause 8; (c) was lawfully in TruTrip’s possession free of any restriction as to its use or disclosure prior to its being so disclosed by the Organisation and/or User to TruTrip; (d) is required by law or regulator or by any court of competent jurisdiction to be disclosed; and (e) is personal data that will be treated in accordance with TruTrip’s prevailing Privacy and Cookies Policy which, at all times, shall be in compliance with local data protection and privacy laws.
3. TruTrip shall not disclose the Confidential Information to any third party except with the Organisation’s and/or User’s consent, save that TruTrip may disclose such Confidential Information to such extent as it deems appropriate for the fulfilment of any Booking and/or the provision of any Services.
4. If, for any reason, the Organisation or User requests the return of its Confidential Information, TruTrip agrees to return as soon as reasonably practicable such Confidential Information or confirm in writing that it has been destroyed. To the extent that such Confidential Information has been stored on TruTrip’s archive or back up electronic systems, TruTrip shall not be required to delete the Confidential Information but shall make reasonable efforts to have the Confidential Information deleted from such systems.
5. The obligations of confidentiality set out in this Clause 8 shall continue to apply in relation to any Confidential Information retained by TruTrip.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

1. All intellectual and industrial property rights as well as all information contained on the Platform (such as texts, images, graphics, source code, drawings, designs, browsing structure, databases, trademarks, commercial brands and names, logos, distinct marks, domain names and social profiles, trade secrets and know-how, commercial names and brands, copyrights, rights similar or related to copyrights or sui generis rights on databases, patents, utility models, industrial models and any other content that may appear in it, regardless of whether they have been registered or not) is of the exclusive property or licensed to TruTrip or other TruTrip associated parties.
2. These Terms of Use do not assign any industrial or intellectual property right of any of the Platform contents to any party including without limitation the User and Organisation. The reproduction, transformation, distribution, public communication, reuse, forwarding or use of any nature, by any means or proceedings, is prohibited except when it is mandated by law or expressly authorized in writing by TruTrip and/or by the owner of the intellectual property right.
3. Users and Organisations are only authorized to view and obtain a temporary private copy of the content of the Platform for their personal and private use in their computer systems (software and hardware) for the sole purpose of using the Platform. These copies should not be assigned to third parties. Notwithstanding the foregoing, users should not modify or reproduce, in whole or in part, such content without TruTrip’s express written consent, particularly:
   1. Users and Organisations are prohibited from using the content on the Platform for commercial or professional purposes, other than benefitting from the Services;
   2. Users and Organisations are prohibited from removing, ignoring and/or manipulating the copyright and other identifying data of TruTrip or any other protection mechanism; and
   3. Users are prohibited from disassembling, decompiling or reversing databases where information of the Platform is stored.
4. All the content and information on the Platform are protected under copyright to the fullest extent permitted under applicable law. No User, Organisation or third party may use or sell the content and information contained on the Platform.
5. Trademarks bearing TruTrip’s name and logo displayed on the Platform are TruTrip’s exclusive property and are duly registered or in the registration process. Names of other products, services and companies that appear in the Platform may be trademarks or other distinctive signs registered by their own owners.

LINKS TO THIRD PARTIES' SITES

Although TruTrip endeavours to undertake all reasonable due diligence to ensure third party websites are fit for purpose, TruTrip does not assume any responsibility or liability arising from the damages suffered by the access to third parties’ linked websites. TruTrip will not be responsible for the results obtained through said linked websites or the consequences arising from the access thereof. Linked sites are provided by third parties, therefore TruTrip does not control the legality of their content or the quality of the services offered therein.

INDEPENDENCE OF CLAUSES

If any provision in these Terms of Use is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, these Terms of Use shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision. The legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.

GOVERNING LAW AND JURISDICTION

1. These Terms of Use shall be governed, construed and enforced in accordance with the laws of Singapore.
2. Any dispute arising out of or in connection with these Terms of Use, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause 12.2. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
3. You consent to service of process out of any court (where applicable) by the same being left at your address indicated on the Platform (or sent by registered mail to this address), or by e-mail to your e-mail address indicated to TruTrip or on the Platform. You consent regardless of whether or not personal service is required or otherwise. Where service of process is sent by registered mail, the service shall be deemed to be made in the absence of any evidence to the contrary by the tenth day. Nothing in this paragraph shall affect TruTrip’s right to serve legal process in any other manner permitted by law.

REVISIONS TO TERMS OF USE

We may periodically revise our Terms of Use. The current version of our Terms of Use will always be posted on the Platform, so please check back regularly. By continuing to use our Services after revisions become effective, you agree to the revised Terms of Use. If you do not agree to the revised Terms of Use, please stop using the Services.