Agreement
HolaHi Platform is a B2B website, dedicated to promote DMCs through the travel professional distributors under the site page www.holahitravel.com; operated by WTA “World Tourism Asia” a Hong Kong limited company under the name of “HolaHi”. Please read “this terms of use” carefully before using our platform and services.
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.
Change of Terms of Use
Modifications
- WTA reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice.
- Your continued use of HolaHi Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the HolaHi Platform and/or the Services. It is your responsibility to regularly check the HolaHi Platform to ascertain if there are any changes to this Terms of Use and to review such changes.
- In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by WTA from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
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
- Subject to this Terms of Use, WTA may either offer to provide Promotional Services on behalf of the DMC and operators.
- 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
- All materials displayed or performed on the HolaHi Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio, and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This HolaHi Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
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
Intellectual Property
- 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.
User Submissions
Uploading of Information
- While accessing the HolaHi Platform or using the Services, you may provide information which may be used by WTA and/or the Operators in connection with the Services and which may be visible to other users of the HolaHiº Platform. You understand that by posting information or content on the HolaHi Platform or otherwise providing content, materials or information to WTA and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to WTA and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the HolaHi Platform and WTA’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize WTA to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the HolaHi Platform a non-exclusive license to access your User Submissions through the HolaHiº Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the HolaHi Platform and under this Terms of Use; (d) You acknowledge and agree that WTA retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to WTA does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the HolaHi Platform is the sole responsibility of you and that WTA will not be liable for any errors or omissions in any content.
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 acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all your User Submissions on the HolaHi Platform. You represent, warrant and undertake to WTA that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize WTA to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the HolaHi Platform and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or WTA’s use of the User Submissions, or any portion thereof, on or through the HolaHi Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
- 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 shall provide HolaHi with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your HolaHi Account.
- 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
- Use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
- 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.
- You further grant WTA the right to pursue at law any person or entity that violates your or WTA’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
Content submitted by users will be considered non-confidential and WTA is under no obligation to treat such content as proprietary information. Without limiting the foregoing, WTA reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. WTA is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to WTA. WTA shall have no duty to attribute authorship of content to you and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.
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.
Privacy Policy
For WTA’s policy relating to its use of your personal data in HolaHi platform, please review WTA’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
Indemnity
WTA’s Indemnification
- You will indemnify and hold WTA, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the HolaHi Platform, use of the HolaHi Platform, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your HolaHi User ID.
WTA’s Involvement
- 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
Parties’ Relationship
- 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
- In no event will WTA, the HolaHi Platform, or any of WTA’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This HolaHi Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the HolaHi Platform, tools or Services we provide related to the business we operate on the HolaHi Platform by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
- 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 any transmission to and from the HolaHi Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to WTA and by posting information on the HolaHi Platform, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and WTA other than pursuant to this Terms of Use.
- 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.
Remedies
- If you are dissatisfied with the HolaHi Platform, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against WTA or another user of the HolaHi Platform with respect to this Terms of Use or this HolaHi Platform, your sole and exclusive remedy against WTA is to discontinue use of 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.
- When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
- 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.
WTA’s Responsibility
- 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
Termination by WTA
- WTA may terminate or suspend your access to the HolaHi platform or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. WTA may also terminate or suspend all Services and access to the HolaHi Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
Effects of Termination
- Upon termination of your HolaHi Account, your right to use the Services, access the HolaHi Platform, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
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.
Governing Law
This Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region of the Peoples Republic of China. You agree to submit to the non-exclusive jurisdiction of the Hong Kong court.
Miscellaneous
Severability
- If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
Assignment
- This Terms of Use is not assignable, transferable, or sub-licensable by you except with WTA’s prior written consent. WTA may transfer, assign, or delegate this Terms of Use and its rights and obligations without prior notice to you.
The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
Contact
Please contact WTA at hello@holahitratravel.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.