THIS I’M ON VACATION (IMOV) TRAVEL GROUP BACK OFFCER BUSINESS TRAVEL SERVICE AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND I’M ON VACATION (IMOV) TRAVEL GROUP. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY").
As used in this Agreement, "we," "us," and "I’m On Vacation Travel Group" means the applicable I’m On Vacation Travel Group Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is a conflict among terms in this Agreement, the Program Policies will prevail over any applicable Service Terms and the General Terms, and the applicable Service Terms will prevail over the General Terms.
The content and information displayed on the Sites IMOV (I’m On Vacation Travel Group) and its Preferred Partners property are collectively referred to as “IMOV and its Preferred Partners Information”. The downloading, reproduction, or retransmission of IMOV and its Preferred Partners Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted by travel agents for business-only purposes.
Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of IMOV and its Preferred Partners and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of IMOV and its Preferred Partners and/or other parties is granted to or conferred upon you.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND OUR PREFERRED PARTNERS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR IMOV AND/OR ITS PREFERRED PARTNER(S) INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR IMOV AND/OR ITS PREFERRED PARTNER(S) INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
With respect to all communications you make to us regarding IMOV and its Preferred Partners Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Statement).
Preferred Partner Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Neither IMOV nor its Preferred Partners assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. IMOV and its Preferred Partners reserve the right to make changes, corrections, cancellations and/or improvements to IMOV and its Preferred Partners Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Some areas of our Sites are restricted to travel agents or other authorized representatives. The IMOV Information contained in such restricted areas is confidential to IMOV and its Preferred Partners, and is provided for business use only, which includes reviewing commission status and statements, and enrolling in our Electronic Funds Transfer program as described below. We reserve the right to prohibit access to, or use of, these restricted areas where we determine that such use or access interferes with our Sites’ operations or that such use or access results in commercial benefits or other entities to our detriment. If you are a travel agent or authorized representative of a travel agent using our Sites the following apply:
IMOV’s Preferred Partners have provided you with a unique password so that access to information related to your company and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Neither IMOV nor its preferred partners assumes any liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
No Arrangements for Prohibited Persons
Each of IMOV and its Preferred Partners is a United States company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour any of its preferred partners’ facilities.
Our Sites contain links to information on preferred partners’ worldwide products and services, not all of which are available in every location. A reference to a preferred partners’ product or service on one of their Sites does not imply that such product or service is or will be available in your location.
To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the U.S. and Canada may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number, EIN #, website and e-mail address. We may at any time cease providing any or all of the Services at our sole discretion and without notice.
To begin the travel process and maximize the Services, you must complete all standard training provided by IMOV and/or its Preferred Partners within the 120 days from the date of purchasing your plan. If the individual (or your business) fails to complete all required standard training provided by IMOV and/or its Preferred Partners, benefits and access to the account will be suspended (for up to 60 days) until all training is completed. If individual (or your business) fails to complete all training within 180 days from the date of Services purchased, the account will be closed and the individual (or your business) legal name will be added to a waiting list until the next available open application date(s).
IMOV offers a Concierge Travel Training Services (for an additional fee) to help individuals (or your business) navigate through the websites and complete their training course. The CTTS (Concierge Travel Training Services) is optional. To request pricing, e-mail your request to:email@example.com and type CTTS in the subject line.
Term and Termination
The term of this Agreement will start on the date of your completed registration for or use of a Service, whichever occurs first, and continue until terminated by us or you as provided in this Agreement (the "Term"). We may terminate or suspend this Agreement or any Service for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means then specified by IMOV. Upon termination, all rights and obligations of the parties under this Agreement will terminate. Any terms that expressly survive according to the applicable Service Terms will also survive termination.
You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the country in which your business is registered and that you are registering for the Service(s) within such country; (b) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by you or your Affiliates to IMOV and its Preferred Partners or its Affiliates is at all times accurate and complete; (d) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the US Government (e.g., the US Department of Treasury’s and the US Department of Commerce’s Entity List); and (e) you and all of your subcontractors, agents, and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.
All Travel Plan purchases are made payable made to: I'm On Vacation Travel Group. Please allow five (5) to seven (7) business days from the date payment has been received to process and setup your account (s). Once completed, you will receive any email confirmation and details on how to set up your account(s). An IMOV representative will contact for any questions you may have in completing your registration with our preferred partners. Please note that all payments are final and non-refundable, and your account cannot be transferred or reassigned to a different individual or company.
Purchase of Service
After your company has been approved, you will be assigned to a representative to help you through the purchase process, give guidance on how to setup your accounts with our preferred partners, and answer any questions you may have. Based on the plan you choose, your package will come with a certain number of professional travel cards to. Your IMOV representative will register the names of the individuals you assign for a professional travel card. Remember that once the name, photo, and company information have been provided, the information cannot be changed in the system. if additional travel cards are needed, your organization can upgrade the plan and pay the difference within the first 30 days from the date of your purchase.
You release us and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement (b) any of Your Sales Channels, Your Products (including their offer, sale, performance, and fulfillment), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (c) Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or (d) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense, and will be reimbursed by you. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
If you would like to view the privacy practices that govern how we process information about you on our Sites please review our Privacy Statement.