This platform is not for the direct sale of the advertised products, nor for commercial transactions involving a payment, it is simply a platform for the promotion of products offered by DMC that meet the legal requirements in their respective countries and united to WTA by a contractual agreement.
Access and Use of the Services
Ownership of Content
- This Holahi Platform, the domain name holahitravel.com , subdomains, features, contents, and application services (including without limitation to any mobile application services) offered periodically by WTA in connection therewith are owned and operated by WTA.
Provision and Accessibility of Services
- WTA is not responsible of any service offered by any DMC promoted at this platform.
- If you link to the Holahi Platform, WTA may revoke your rights to so link at any time, at WTA sole discretion. WTA reserves the right to require prior written consent before linking to the HolaHi Platform.
Platform and Content
Use of the Content
If WTA agrees to grant you access to the HolaHi Platform and/or the Content, such access shall be non-exclusive, non-transferable, and limited license to access the HolaHi Platform in accordance with this Terms and Use. WTA may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance, or functionality of any part or all the Content from the HolaHi Platform.
- You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the HolaHi Platform and the Content accessed through the HolaHi Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the HolaHi Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
WTA’s Liability for the HolaHi Platform and Content
- WTA cannot guarantee the identity of any other users with whom you may interact with while using the HolaHi Platform. WTA cannot guarantee the authenticity and accuracy of any content, materials, or information which other users or the Operators may provide. All Content accessed by you using the HolaHi Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- Under no circumstances will WTA be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the HolaHi Platform.
Intellectual Property Rights
- All intellectual property rights subsisting in respect of the HolaHi Platform belong to WTA or have been licensed to WTA for use on the HolaHi Platform. This HolaHi Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the HolaHi Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the HolaHi Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from WTA or from the copyright holder identified in such Contents copyright notice.
Uploading of Information
Users Representations, Warranties and Undertakings
Use of the HolaHi Platform and the Services
- You represent, warrant and undertake to WTA that you will not provide any User Submissions or otherwise use the HolaHi Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without WTA’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of WTA; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Removal of User Submissions
- WTA reserves the right to remove any User Submissions from this HolaHi Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if WTA is concerned that you may have breached any of the preceding representations, warranties, or undertakings, or for no reason at all.
Responsibility for User Submissions
- You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the HolaHi Platform.
- You are responsible for all your activity in connection with using the HolaHi Platform and/or the Services. You further represent, warrant and undertake to WTA that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the HolaHi Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the HolaHi Platform; (c) use the HolaHi Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the HolaHi Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run mail list, listserv, or any other form of auto-responder, or “spam” on the HolaHi Platform, or any processes that run or are activated while you are not logged on to the HolaHi Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the HolaHi Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the HolaHi Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of HolaHi Platform.
- You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the HolaHi Platform and/or the Services.
Registration and Security
Opening of the HolaHi Account
While using the Services, you may be required to open and maintain an account (“HolaHi Account”).
Provision of Personal Information
- As a condition to using some aspects of the Services, you may be required to register with HolaHi and select a password and username (“HolaHi User ID”). If you are accessing the Services through a Third-Party Website or service, WTA may require that your HolaHi User ID be the same as your username for such Third-Party Website or service.
- You represent that you shall not: (a) Select or use as a HolaHi User ID a name of another person with the intent to impersonate that person; or (b) Use as a HolaHi User ID a name subject to any rights of a person other than you without appropriate authorization.
- WTA reserves the right to refuse registration of or to cancel a HolaHi Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Reviews – Further correspondence – Rights to User Content
By completing a request, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity.
- You own and control all the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform
- Such content is accurate and not misleading; and
- Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
Booking Confirmation, Tickets, Vouchers, Fees, and Payment
HolaHi platform is not a booking/payment platform and therefore WTA is not responsible to any business initiated through this HolaHi platform that we have defined as a promotional only platform.
- WTA may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of WTA without WTA’s prior written approval. WTA reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action. *
Disclaimers and Limitation of Liability
- WTA has no special relationship with or fiduciary duty to you for accessing and using the HolaHi Platform and the Content. You acknowledge that WTA has no control over, and no duty to take any action regarding: (a) Which users gain access to this HolaHi Platform; (b) What content you access via the HolaHi Platform; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take because of having been exposed to the Content.
Services and Comments
- You acknowledge and agree that the Operators may offer the Services on the HolaHi Platform, and that suggestions or recommendations may be given by the Operators or Users of the HolaHi Platform. WTA makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the HolaHi Platform.
Exemption of Liability
- These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
- This HolaHi Platform, including all content, software, functions, materials, and information made available on or accessed through the HolaHi Platform, is provided on an “as is” basis. To the fullest extent permissible by applicable law, WTA makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the HolaHi Platform or the materials, information and functions made accessible through the HolaHi Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the HolaHi Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
- You acknowledge and agree that you will not hold or seek to hold WTA responsible for the content provided by any Operator or third party and you further acknowledge and agree that WTA is not a party to any transaction in relation to the Services provided by any Operator or third party. WTA has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the HolaHi Platform.
- In any event, to the fullest extent permissible by the applicable law, WTA’s liability, and the liability of any member of WTA, to you or any third party in any circumstance arising out of or in connection with the HolaHi Platform is limited to the greater of: (a) The amount of fees you paid to WTA in the twelve months prior to the action giving rise to liability; or (b) Hong Kong Dollars 500.00 in the aggregate for all claims.
Interaction with Third Parties
Links to Third Party Websites
- This HolaHi Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by WTA, or the Services may be accessible by logging in through a Third-Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by WTA of such Third-Party Websites or the information, products, advertising or other materials available on those Third-Party Websites.
- WTA has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Websites. In addition, WTA will not and cannot monitor, verify, censor, or edit the content of any Third-Party Website. By using the Services, you expressly relieve and hold WTA harmless from all liability arising from your use of any Third-Party Website.
- Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
- You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
- You agree that WTA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that WTA is under no obligation to become involved. If you have a dispute with one or more other users or third parties, you hereby release WTA, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Termination by WTA
Effects of Termination
Passports, Visas, Documents, Licenses & Insurances
WTA and its HolaHi platform have not ant responsibility in anything related to any customer passport, visa document, license and insurance included in any of the DMC promoted.