Date of Last Revision: February 15, 2007
- Definitions and Other Agreements
- Trip Request Guidelines
- Trip Plan Guidelines
- Billing and Payment Policy
- Disputes between Travelers and Travel Companies
- Posting Etiquette
- Rating and Feedback System
- Copyright and Trademark Infringements
- Access and Interference
- Contacting Customer Service
DEFINITIONS AND OTHER AGREEMENTS
TRIP REQUEST GUIDELINES
Zicasso functions as a marketplace for Travelers and Travel Companies to facilitate travel transactions between Travelers and Travel Companies. The Site provides tools to facilitate transactions between Travelers and Travel Companies.
If you are a Traveler, you agree to abide by the following Trip Request guidelines:
- Accept or purchase a Trip Plan only when it has a clear statement of Travel Company Services, well-defined details of Travel Company Services, precise timeframes, cancellation policy and payment terms
- Ask for full contact information, for example telephone, and address information, of the other party once a Trip Plan has been purchased
- Use Zicasso’s message system to manage the Trip Request to maintain an electronic record of all written communication between you and the Travel Company. In the event of a dispute, all written communication on Zicasso, including Trip Request, Trip Plans, and Zicasso message communication will serve as the statement of record
- After your trip, leave objective, balanced ratings and feedback
- Do not hesitate to contact Customer Service for assistance with posting a Trip Request
TRIP PLAN GUIDELINES
Trip Plan Submission Guidelines
If you are a Travel Company, when submitting your Trip Plan, you agree to:
- Only submit Trip Plans to Trip Requests that you are a good fit for such Trip Plans
- Help the Traveler clarify his or her needs and fully develop the Trip Plan accordingly
- Write a specific, detailed Trip Plan with clear itineraries, services included, payment methods, payment terms, and cancellation policy
- Not submit Trip Plans that are made without good intent
- Respond promptly, within two business days, to Trip Request of your interest
- Respond promptly, within one business day, to private messages from the Traveler
- Respond promptly, within one business day, to any inquiry from Customer Service
Violation of these guidelines may result in suspension of your Zicasso account. If you are aware of a potential violation, please contact Customer Service.
Trip Plan Delivery Guidelines
If you are a Travel Company, you agree to utilize the following Trip Plan delivery guidelines:
- Once your Trip Plan has been purchased by a Traveler, use the My Trips web page to manage the transaction and to maintain an electronic record of all written communication between you and the Traveler. Also, transcribe relevant emails, instant messages, telephone or in-person conversations between you and the Traveler using the Zicasso message system to maintain a record of what is agreed. In the event of a dispute, all written communication on Zicasso, including Trip Request, Trip Plans, business terms, and message communication via the Zicasso website will serve as the statement of record
- Inform the Traveler of your office hours and committed response time
- Inform the Traveler if a modification to the Trip Plan needs to occur, offering an explanation and proposing a revised Trip Plan
- Inform the Traveler if you will be unavailable for more than one business day
- If you are unable to deliver a purchased Trip Plan, alert Customer Service so that Zicasso is aware of the situation and can offer assistance to the Traveler
- Respond promptly, within 1 business day, to all Trip Request and Trip plan related communication, whether from the Traveler or from Zicasso
- Ask that Travelers leave feedback on the Zicasso rating system after the Travel Company Services are completed and report any rating system violation by contacting Customer Service
- After the Trip Plan is delivered, leave objective, balanced ratings and feedback
Violation of these guidelines may result in suspension of your Account. If you are aware of a potential violation, please contact Customer Service.
BILLING AND PAYMENT POLICY
When a Traveler confirms a purchase from a Travel Company, the Site will send the purchase confirmation to the applicable Travel Company. After the Travel Company receives the actual payment from the Traveler directly, the Travel Company will send an acknowledgment of the payment via Zicasso message system to the Traveler.
In Traveler’s purchase confirmation, a Traveler will confirm purchase of the Travel Company Services from the Travel Company and indicate one payment method that he or she will use. The available payment methods for a purchase are specified in the Trip Plan by the Travel Company. Most common payment methods are, but are not limited to: credit card, bank wire transfer, Paypal or other third party electronic payment services adopted by the Travel Company, and checks or money orders.
However, the Traveler will NOT send the actual payment or credit card information via the Site. All transfers of money or credit card information (or other financial information required to transfer the funds) will be done OUTSIDE the Site. Both the Travelers and Travel Companies represent and warrant that they will not transfer actual payment or credit card information via the Site.
As soon as the Traveler sends a purchase confirmation as described above, the sale will be deemed completed. Unless the Travel Company files an Unpaid Trip case about a sale or informs Zicasso about the cancellation or modification of a sale, the Travel Company’s obligation to pay Zicasso the commission associated with the sale shall be triggered immediately by the delivery of the purchase confirmation. Travel Company’s obligation to pay such commission shall be triggered despite any failure of Travel Company to send a receipt to Traveler.
If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Service.
DISPUTES BETWEEN TRAVELERS AND TRAVEL COMPANIES
Any disputes in connection with Travel Company Services or payments made by Travelers remain between such Travelers and Travel Companies. By using the Site, you acknowledge that Zicasso will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute.
Zicasso recommends that Travelers and Travel Companies involve an outside mediator or use a certified dispute resolution service to help you reach an agreement.
Each Member’s remedy for any dispute shall be obtained exclusively from the other Member and not from Zicasso. You assume all risks associated with dealing with other users with whom you come in contact through the Site and/or the services provided on and through the Site. Zicasso is not involved in the actual transaction between any Travel Company and any Traveler. The specific terms of any purchase agreement between a Travel Company and a Traveler for any purchased Travel Company Services will be negotiated solely between the respective Travel Company and Traveler. You understand that your interactions and dealings with other users of the Site are solely between you and such other user. Zicasso shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings and Zicasso will have no obligation to become involved in such dispute.
- Post any Trip Request, submit any Trip Plans, or otherwise use Zicasso to transmit any content or conduct any transaction that would violate any applicable law or regulation in the U.S. and any other country
- Post any Trip Request that is fake, posted without the intention to award or complete the transaction, or posted only to receive pricing information. Post false or misleading information about a Trip Request or a Trip Plan
- Post any Trip Request, Trip Plan or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy
- Post any Trip Request, Trip Plan or transmit any content related to or containing any adult or sexually explicit material. Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging
- Suggest or solicit another user to contact you directly in order to buy or sell services outside of Zicasso
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Zicasso to monitor, police or remove any Submissions or other information submitted by you or any other user, including, without limitation, any Trip Requests or Trip Plans or other information submitted by you or any other user. Zicasso reserves the right to (a) terminate your access to your Account, your ability to post to the Site or the Services and (b) delete or remove any Submissions with or without cause and with or without notice, for any reason or no reason, or for any action that Zicasso determines is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. Zicasso may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Zicasso’s discretion, Zicasso will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
RATING AND FEEDBACK SYSTEM
As a Travel Company, you acknowledge and agree that the Site will contain public feedback from Travelers with whom you have transacted (“Feedback”). You acknowledge that Feedback results for you may consist of comments and ratings left by other Members and that Zicasso may calculate a composite Feedback number based on these individual ratings. Travel Companies agree to be rated by Travelers along several criteria, as determined by Zicasso. Zicasso provides its Feedback and rating system as a means through which Travelers can express their opinions publicly, and Zicasso does not monitor or censor these opinions or investigate any remarks posted by Travelers for accuracy or reliability. You agree to report violations or abuses of our Feedback and rating system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the Feedback system, including but not limited to the following:
In order to protect the integrity of the Feedback system and protect users from abuse, Zicasso will consider removing Feedback if the Feedback is determined inappropriate in Zicasso’s sole discretion.
COPYRIGHT AND TRADEMARK INFRINGEMENTS
It is Zicasso’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Zicasso and/or others.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Zicasso’s Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Zicasso site, with enough detail that we may find it on the web site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Zicasso’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Subject: Copyright Agent
Only the intellectual property rights owner may report potentially infringing items through Zicasso’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site without the prior express written permission of Zicasso and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
Zicasso encourages open, complete and professional communication between Travelers and Travel Companies. Travelers and Travel Companies can use Zicasso’s My Trips & message system as well as telephone or instant messages to clarify trip requirements. Open communication helps Travel Companies develop relevant Trip Plans and Travelers make informed purchasing decisions. You are required to use My Trips to manage Trip Requests, Trip Plans, Purchase Confirmation, Receipts and messages to maintain an electronic record of all written communication including clarifications and agreements around the planning and booking of a trip. In the event of a dispute, all written communication on Zicasso, including Trip Requests, Trip Plans, Purchase Confirmation, receipts, and messages may serve as the record for resolution of the dispute. A communication that is not referenced within the My Trips cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of these Zicasso Policies, or any agreement referenced herein, or have any questions or need assistance in connection with the Site and/or the services, please contact Zicasso Customer Service as follows: