TripOwn.com Terms of Service

Below you'll find everything you need to know about TripOwn in the legal context - licenses, terms of buying TripOwn guides, price lists, and more. It is the current and official Terms of Service document.

1. The scope of ToS

The following act regulates the terms of using www.TripOwn.com application. The website under the domain www.TripOwn.com is being offered to you by Timeself sp. z o.o. (LLC), registered at Plac Solny 14/3, 50-062 Wrocław, Poland. Registration numbers: KRS 0000406949, REGON 021646154, NIP 8943029694. Representation: Board of Directors - Maciej Miętek (CEO).

2. Terms and Definitions

Personalization - series of indicated steps, which need to be performed on the TripOwn platform, in order to create a Guide. Personalization Choices - set of the following information provided by the User in the Personalization: 1) the destination of the Trip, 2) the Themes of the trip, 3) the list of Trip Points 4) trip time.
Guide – created on the TripOwn Platform, as a result of completing all of the required steps in Personalization, and sent to the User, according to his or her Delivery Information, in the Guide Format chosen by the User, with the Guide Content reflecting the Personalization Choices of the particular User.
Guide Content - text descriptions of POIs and Themes, photographs, maps, map points.
Guide Format – PDF document consisting the Guide Content.
Themes - themed itineraries provided by TripOwn, available in the second step of Personalization.
Delivery Information e-mail address, to which the Guide will be sent upon completion of the Personalization, provided by the User in the last step of the Personalization.
User – visitor of the Application, who proceeds with Personalization in order to create a Guide.
Provider - Timeself sp. z o.o., Plac Solny 14/3, 50-062 Wrocław, KRS 0000406949, REGON 021646154, NIP 8943029694 represented by the Board of Directors - Maciej Miętek (CEO) and Bartłomiej Gola.
Service – the set of operations which allow the User to go through Personalization, buy the Guide with the Guide Content which describes the Personalization Choices and access the Guide through the Delivery Information.
Application – The Provider’s website available under www.TripOwn.com.
Customer – natural person bringing about an act in law not directly connected with his or her business or professional activity.

3. General Terms

  1. The following act describes the terms of Service delivered by the Provider.
  2. The following act is to be understood and treated as the act described in the §8 of “Ustawa z dnia 18 lipca 2002 roku o świadczeniu usług drogą elektroniczną (Dz.U. z 2002 r., Nr 144, poz. 1204 ze zm.)”
    The act is publicly available for Users in the Application and made accessible upon the User’s specified request of entering this page.
  3. All the information about the Application, in particular: catalogs, folders, brochures and other informational or promotional materials, as well as information in the Application directed by Provider to the User, are not the offer within the meaning of art. 66 ust. 1 Polish Civil Code, but only the invitation to form an agreement (71 kc).
  4. All the proprietary names and trademarks belong to the authorized entities, and are mentioned for the unambiguous identification of the Application.
  5. The act, the orders and the contracts, come under the Polish law unless the law obligatorily says otherwise.
  6. The Provider can introduce new or additional rules of providing the Application, including the regulations of promotions and deals, or the regulations related to particular Applications.

4. The Type and scope of Services

  1. The Provider provides the Service to the User, i.e. the Provider automatically generates and completes the Guide, with the Guide Content which is based on Personalization Choices.

5. Technical requirements

  1. System requirements for the use of the Application:
    • Internet browser: Firefox 3, MSIE 7, Opera 9, Safari 3 or their newer versions.
    • Internet connectivity.
    • Enabled Javascript.
  2. In case of other, specific technical requirements for the User’s ICT system, the User will receive pertinent notices in the Application.

6. Conditions of Service

  1. The use of the Service is conditioned upon the User agreeing to these Terms of Service.
  2. In order to use the Service and create the Guide, the User provides Personalization Choices in the Personalization stage, by the means of an interactive form, the criteria necessary for generating a Guide, in particular the time, destination, desired trip Themes, as well as the preferred Guide Format.
  3. If the User is not interested in buying the Guide, he or she can cease further activities at any point during Personalization, which will cause no legal consequences for the User.
  4. The moment of finalizing payment is considered to be the moment of forming the contract between the User and Timeself sp. z o.o. - the owner of TripOwn. Following payment, the System sends the Guide on the basis of Delivery Information.

7. Price list and other costs

  1. TripOwn charges for the Themes which the User chooses in the Personalization. Themes, and therefore the pricelist, is available in the second step of Personalization.
  2. Payment methods: PayPal.

8. Copyrights

  1. Unless otherwise stated, all elements found in the Application, Guides, Guide Contents are the property of the Provider and cannot be used in any way without a written aggrement from the Provider. Special rules apply to the photographs, text descriptions of Points of Interests and themes decscriptions:
    • Photographs: At TripOwn, photographs are either sourced from the Stock Libraries, or Flickr.com application. All photographs sourced from Flickr.com are on the basis of CC-BY-SA license. Each image from Flickr.com is attributed with the original author's name and the link to the original photograph at Flickr.com website.
    • Text descriptions of Points of Interests: At TripOwn, each Point of Interest has two complementary parts of descriptions. The first part of description consists of each and every description chapter, whose title consists of the word "Highlights". POIs description chapters, which contain the word "Highlights" are the property of the Provider and cannot be used by any other party. The second part of description of each individual POIs consists of those chapters, which do not contain the word "Highlights". Those chapters are written on the basis of CC-BY-SA Wikipedia license.
    • Themes descriptions: There are two parts of the Themes descriptions. The first part consists of Themes titles and Themes blurbs (which are presented in the second step of Personalization, upon hoovering over individual Theme block) - those descriptions are the property of the Provider and cannot be used by any other party. The second part consists of information other than those available in the second step of Personalization - those descriptions of the Themes happen to be written on the basis of CC-BY-SA license from Wikipedia.

9. License

  1. The Provider asserts the company’s legal right to the software by means of which the Guide is generated. The Provider is the sole owner of property rights to said software, exluding any Open Source code, software and solutions.
  2. Upon agreeing to these Terms of Service, the Provider grants the User free temporary license to use the software mentioned in paragraph above
  3. The license granted by the Provider allows the User solely to generate the Guide, and to use the Guide in the Guide Format. In particular, the User is not allowed to:
  4. distribute and make available in any way or to any third party data inherent to the Application;
  5. download or copy data inherent to the webpage TripOwn.com or to the software that the Provider owns or to the Guides or to the Guide Content, for any other purpose than implementing present contract, in particular for the purposes of any third party;
  6. distribute, copy, multiply, lease, make accessible to any third party data included in the Guide, without regard to the format in which the Guide has been generated and supplied to the User;
  7. grant sublicenses, decompile, disassemble, modify or perform reverse engineering of the data inherent to the webpage TripOwn.com and the software that is the property of the Provider.
  • The license is non-exclusive and inalienable.
  • 10. Lodging a Complaint

    1. In case of any malfunction of the Application or the Guide the User is obliged to notify the Provider immediately.
    2. Complaints can be filed: in person, in writing, by letter, by e-mail or by phone. Any contact information necessary to lodge a complaint, including e-mail address, are publicly available in the Contact Us page at the right bottom of the Application.
    3. Each complaint should include at least:
      1. the specifics of the purchased Service;
      2. the time that the malfunction occurred, its type and description;
      3. contact information, such as: mailing address, e-mail or telephone number.
    4. The Provider commits to considering the complaint without delay, no later than 14 (fourteen) workdays since the filing of the complaint.
    5. Under special circumstances the consideration period may be extended for further 14 days, in particular when the complexity of the complaint will not allow for sufficient consideration in the 14 days appointed originally.

    11. Withdrawing from the Contract

    1. The Client is entitled to withdraw from this Contract in 10 (ten) days since its forming, provided that the Personalization was not finalized.
    2. The Client is entitled to withdraw from the Contract without disclosing reason. Withdrawing from the contract requires a written statement to that effect, submitted within the 10 day time limit.
    3. In case of withdrawing from a Contract formed remotely, taking section 1 to consideration, the Contract is considered invalid and the User is free from any obligation that might arise from the Contract.
    4. Statement of withdrawal from the contract is appended to this document.

    12. Final Terms

    1. Any and all disputes which may arise between the Provider and the Client who is also a Consumer, and any litigation that may arise from such disputes will be litigated before a court according to the law.
    2. Any and all disputes which may arise between the Provider and the Client who is not a Consumer, and any litigation that may arise from such disputes will be litigated before a court proper for the Provider.
    3. The User is obliged to keep the information he or she has gained during the transaction confidential.

    These Terms of Service may be subject to change. If such change occurs, the User will be notified two weeks in advance. The continued use of the Service will be considered as accepting the new Terms of Service.

    1. The Provider reserves the right to collect information about the User by receiving and accumulating personally identifiable information.
    2. Information about the User is collected in order to safeguard the User and perfect the offered services.
    3. The collected data is based on the information provided by the User in the Personalization, as well as on other proceedings connected to forming the contract and performing the Service.
    4. Apart from the User and the Provider, the access to the data is limited to: the domain administrator, the company processing the personally identifiable information, other legal grounds (e.g. injunction or search warrant, etc.).
    5. Non-private information may be disclosed to advertisers, certain applications and webpages.

    20 February 2013, Warsaw