Updated on May 19, 2021
Terms of Service
By accessing our website at https://www.tikigo.com/, you are agreeing to be bound by the following terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Tikigo website and its applications, referred generically as our “Website” or “Platform”, is owned and operated by Neosis LTD, Room 607, Yen Sheng Centre, 64 Hoi Yuen Road, Kwon Tung, Hong Kong, referred generically as our “Company”.
Tikigo website, mobile properties and related software applications, data, API, email, chat, service adding and booking options, buttons and widgets (collectively referred as “Services”) are offered upon your acceptance of the terms, conditions and notices presented on this page (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. If you have a Tikigo account and wish to terminate this Agreement, you can do so by closing your account and no longer accessing or using the Services offered on the website.
As a booking platform, Tikigo offer its users two potential statuses: the users using the platform to organize and book their travels and activities are referred in as “Travelers”; while the users using the platform to offer their services as professionals are referred as “Organizers”. One user can cumulate statuses and be both a Traveler and an Organizer while using Tikigo.
The Services are provided by Tikigo in order to:
- Allow Travelers to plan, organize and book their tours, activities, rentals, transportations, accommodations and other travel-related services through the platform Services; and
- Allow Organizers to offer, advertise, promote and sell their travel-related services through the platform Services.
Any information, text, photos, audio, videos, links, graphics, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Neosis LTD’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Neosis LTD’s website;
- remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Neosis LTD at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Neosis LTD’s website are provided on an ‘as is’ basis. Neosis LTD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Neosis LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Neosis LTD or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Neosis LTD’s website, even if Neosis LTD or a Neosis LTD authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The user of the Website understands and agrees that Tikigo, as an online platform allowing the booking of services, is acting only as a gateway between Travelers and Organizers. The website and the Company cannot be held liable in any aspects involved in the delivery by an Organiazer of a service booked on the platform or for the actions of a Traveler during, before or after, a service he booked through the platform.
Tikigo cannot be held responsible or liable in any way for things such as, but not limited to: property losses or damages, personnal losses, accidents, helicopter rescue, underwater rescues, injuries or death for any reason, whether it is caused by a user of the platform or a third party using the platform through the user. The Company is not liable for any additional expenses including but not limited to medical expenses, repatriation expenses, visas expenses, accommodation expenses, non-refundable flights or transportation tickets incurred by a user in its travels whatever the reason or the circumstances of these expenses may be.
5. Accuracy of Materials
The materials appearing on Tikigo website could include technical, typographical, or photographic errors. Neosis LTD does not warrant that any of the materials on its website are accurate, complete or current. Neosis LTD may make changes to the materials contained on its website at any time without notice. However Neosis LTD does not make any commitment to update the materials.
Neosis LTD has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tikigo of the site. Use of any such linked website is at the user’s own risk.
7. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Hong Kong and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
The Content and information available through the website (including but not limited to: messages, information, text, photos, software, code or other material) is proprietary to Neosis LTD or licensed to Neosis LTD by third parties. For all Content other than the Content you create on the platform, you agree to not modify, copy, distribute, transmit, display, reproduce, publish, license, transfer or sell any information, software or services obtained from the website. In addition, you agree not to:
- Use the Services or Content for any commercial purpose outside of the scope established in these terms and conditions;
- Violate the restriction in robot exclusion headers or access protected content without a written authorization from the Company;
- Scrape, exploit, reproduce, transmit, sell, copy, broadcast or access any Content on the website, including but not limited to user profiles, user photos or texts without a writtent authorization from the Company;
- Engage in any action that would impose a disproportionately large load on our technical infrastructure;
- Copy, frame, mirror or incorporate any part of the Services into any other websites without a writtent authorization from the Company;
- Attempt to modify, adapt, edit or reverse engineer any software used on Tikigo;
- Interfer with the security-related or copy-protection features of the Services;
- Download, deep-link or copy any Content that is not expressly made available as such on the platform.
Content Creation Liability
The Services contain public pages where you may post your Content, such as reviews, comments and feedbacks about services or locations, or such as messages. By using these functionalities and accessing and creating Content you created or created by other users on the platform, you are solely responsible for your use and use them at your own risk. Tikigo does not guarantee confidentiality with respect to the Content you create while using the website.
You understand that Tikigo does not edit or control the Content created by users through the Services, and is not responsible or liable for such messaging. In particular, Tikigo does not edit or control users’ Content that appears on the websites, even though it reserves the right to remove such content without notice if it believes in good faith that such content is in breach of the present Agreement or otherwise believe this removal is reasonably necessary to safeguard the rights of the company or other users of the website.
While using the Services to post your Content, you agree not to post any content that:
- Is unlawful, false, misleading, libelous, defamatory, pornographic, harassing, threatening, abusive, offensive (such as promoting racism or hatred against any group of people), fraudulent or otherwise objectionable;
- May infringe intellectual property, trademark or copyright of any party;
- Advocates illegal activities of any nature;
- Constitutes “spam”;
- Leak private informations of any third party;
- Impersonates another legal or natural person, or misrepresents your affiliation with another legal or natural person;
- Contains restricted pages or content only accessible on the platform by password;
- Is unrelated to the topic where the Content is created.
Tikigo takes no responsibility nor assumes any liability for any Content posted or uploaded by its users on the website, or for any loss or damage, nor for any mistake, defamation, obscenity or profanity you may encounter. As a provider of interactive services, Tikigo is not liable for any Content provided by its users and has no obligation to monitor the Content posted or created through its Services. Nonetheless, Tikigo reserves the right and has absolute discretion to delete or edit without notice any Content posted on its Services, at any time and for any reason. You are solely responsible to create backup copies of the Content you create, submit or store on the platform, at your sole cost and expense.
Any foregoing violation by a user of the present terms of the Agreement may result in a termination or suspension of their rights to user the Services.
Content Sharing License Grant
Sharing your feedbacks, experiences, reviews, pictures and other medias with other users is one of the ways to use and contribute to Tikigo. Note that by transmitting such Content to the platform you grant it a nonexclusive, royalty-free, perpetual and sublicensable right to host, use, display, modify, translate, publish and adapt the said Content on the Website and throught its Services.
Your Content may provide and improve the Services and be shared on the Services available to other companies, organisations or individuals for the broadcast, distribution or publication of such Content of yours on other media and services subject. You understand that Tikigo may choose to provide attribution of your Content at the company’s discretion, and acknowledge and agree that your Content is non-confidential and non-proprietary.
By posting and creating content on the platform, you recognize and warrant that you own or have the necessary rights, licences, or consents or permissions to publish your Content on the platform under the present Agreement.
Giving the condition that you have the rights in your Content, you hereby agree to not require any personal identification in the use in connection with the Content, or in any derivative works, and that you have no objection in the use, publication or deletion of the Content you created or transmitted while using the Services; furthermore that you waive and agree not to claim any entitlement and all moral rights of an author in any of your Content, and that you release without any limitation in time Tikigo and their licensees from any claim that you could otherwise assert against the company by virtue of any such moral rights.
We appreciate your feedback and any other suggestions and we may use them. You understand and agree that we thus are under no obligation to keep them confidential.
Booking Process and Confirmation Deposit
Tikigo platform allows Travelers to book services offered by Organizers online. While using the Services, a Traveler can add services to the user’s cart. In order to confirm a booking, the Traveler must proceed to the check-out process. The confirmation of the said booking will only happen after a payment is made or a payment mean withheld in order to cover for the cost of the booking.
While proceeding to a booking, the Traveler will pay either a confirmation deposit amounting to a pourcentage of the total booking sum, or pay the whole amount upfront. If paying a confirmation deposit only, the Traveler will have to settle the remaining balance for the booking amount directly to the Organizer. The settlement of this remaining balance will have to be made before the service prestation is delivered.
The means of payment accepted by the Organizer for the settlement of a remaining balance are indicated in the page describing the said service, in the section titled “Booking Policy”, under the “Balance Payment” paragraph. Before proceeding to a booking, the Traveler acknowledges and agrees to proceed to the payment of a remaining balance to the Organizer via one of the methods accepted by the Organizer.
A Tikigo user can be both a Traveler and an Organizer. But a user cannot book its own services through the platform, or book services from a company he is a representant of on the platform. Violation of this restriction may lead to the termination of the user’s account.
Service Offering Rules
As an Organizer, a Tikigo user can register a company and start offering its services online on the platform. Such services may include tours, activities, rentals, transportation, accommodations and other travel-related services. Such service published on the platform is referred as a “Product”.
In order to offer Products, a user can register a company on the platform. The user will have to provide support documentation for Tikigo employees to verify that they are running a registered company and authorized by the local authorities to operate such services. The registration of the company will be subject to validation by Tikigo. The user registering a company acknowledges that he only provides valid and authentic documents. The platform can not be held liable in any way for any form of misrepresentation, mistake, or fault committed by a user or the company they are representing.
While publishing and advertising their Products on the platform, Organizers agree to respect the following terms of the Agreement:
- An Organizer agrees to offer on Tikigo the best prices available within the company it represents for a given service. He is not allowed to offer any identical Products on any other websites or to walk-in customers for a cheaper price.
- All payment for a service advertised on the platform that was initiated on the platform must be accomplished on the platform.
- An Organizer is not allowed to ask in any form or way that a payment for a service he received an inquiry about on the platform by a Traveler be done outside of the platform.
Violation of the said Agreement may result in the termination of an Organizer account without notice.
Commissions, Deposits, Payments and Charge-backs Rules
The commission is paid by the Organizer to the Platform when a Traveler books one or several services depends on the several modalities. The first modality concerns the amount that the Platform should receive, which is determined by the Organizer. There are two options regarding that matter: the Traveler either pays a confirmation deposit, or the whole service amount.
In case the Organizer prefers that the Platform collects only a confirmation deposit, this one will be equal to 15% of the whole booking amount for services costing less then or exactly P7,500 per person, or to 10% of the whole booking amount for services costing more than P7,500 per person. In case of a charge-back issued by a Traveler, the Platform will forfeit its deposit without asking any compensation from the Organizer.
In case the Organizer prefers that the Platform collects the whole booking amount, the commission deducted from future payment will be equal to 25% of the whole booking amount for services costing less then or exactly P10,000 per person, or to 20% of the whole booking amount for services costing more than P10,000 per person. The payments to the Organizer will be realized by modalities detailed when settling the said payments after delivery of the booked services, given the corresponding payment is not cancelled or charged back by the customer’s financial institution.
Each Organizer can decide upon the type of cancellation policy available for a product. There are three types of cancellation policies:
- Flexible Cancellation Policy
- Moderate Cancellation Policy
- Strict Cancellation Policy
The Flexible Cancellation Policy determines that a Traveler can cancel a booking up to 24 hours before the beginning of the booked service starting hour and receive 100% of his deposit back. After the limit of 24 hours is passed, if a Traveler decides to cancel or not avail the booked service, the charge will be applied for the whole booking amount.
The Moderate Cancellation Policy determines that a Traveler can cancel a booking up to 48 hours before the beginning of the booked service prestation starts and receive a partial refund of the whole booking amount. After the limit of 48 hours is passed, if a Traveler decides to cancel or not avail the booked service, the charge will be applied for the whole booking amount. The cancellation fees that will be applied are as such:
- For a cancellation made up to 30 days before the booked service prestation starting time, the cancellation fee paid by the Traveler will amount to 15% of the booked service. The Organizer will not be compensated for such a cancellation.
- For a cancellation made up to 14 days before the booked service prestation starting time, the cancellation fee paid by the Traveler will amount to 30% of the booked service. The Organizer will be compensated for an amount of 15% of the booked service.
- For a cancellation made up to 7 days before the booked service prestation starting time, the cancellation fee paid by the Traveler will amount to 50% of the booked service. The Organizer will be compensated for an amount of 30% of the booked service.
- For a cancellation made up to 48 hours before the booked service prestation starting time, the cancellation fee will amount to 100% of the booked service. The Organizer will be compensated for an amount of 70% of the booked service.
The Strict Cancellation Policy determines that a Traveler cannot cancel a booking once it has been confirmed. If a Traveler decides to cancel or not avail the booked service, the charge will be applied for the whole booking amount.
Before proceeding to a booking, a Traveler agrees to respect the type of cancellation policy an Organizer applied. If ever the Organizer decided to change their cancellation policy for a given product, the cancellation policy to be applied for a previously booked product shall be the one that was indicated at the time the Traveler made the booking.
All policies implying a cancellation fee are only to be enforced if the organizer chose the platform to collect the full payment online. If the organizer collected the remaining balance themselves, they will be liable to ally the stated policies according to the modalities detailed above.
Neosis LTD may revise these terms and conditions for the Website and Services at any time without notice. By using the Website and Services you are agreeing to be bound by the then current version of these terms and conditions. The current terms and conditions can be accessed on https://www.tikigo.com/terms-and-conditions/.