TERMS OF USE
PLEASE READ THESE TERMS OF USE VERY CAREFULLY. THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THESE TERMS OF USE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
SCOPE OF THESE TERMS OF USE
These Terms of Use govern your enrollment in GTP’s program through GTP’s Site, your creation of an on-line account with GTP, and your access to and use of this Site. By enrolling through this Site, creating an on-line account and/or accessing or using the Site, you agree to be legally bound by these Terms of Use, GTP’s Privacy Policy, and any other terms, conditions, guidelines or rules that are applicable to any portion of the Site that you may use or access, without limitation or qualification. If you do not agree with any of these provisions, please do not access or use this Site.
You may contact a GTP customer service representative at (609) 986-1213, with any questions that you might have regarding these Terms of Use.
To the extent that you enroll in GTP’s program, the terms, conditions, guidelines and/or rules of the particular coverage will be governed by a coverage brochure issued to you by GTP.
REVISION TO THESE TERMS OF USE
These Terms of Use may be updated or modified from time to time without notice to you. If at any time you do not accept these Terms of Use, do not access the Site or any of its pages. Changes to the Terms of Use will take effect when posted to the Site. Your continued access to and use of the Site after any such changes are posted will constitute your agreement to such terms and conditions.
DEFINITIONS
“GTP”, “we” or “us” means Global Travel Plus, Inc., d/b/a Global Travel Plus, and its and their officers, directors, employees, parent companies, subsidiaries, agents, representatives, and affiliates, and any person or entity legally authorized to act on its and/or their behalf.
“Site” means the website located at www.globaltravelplus.com, including its pages and screens.
“You” or “your” means the customer, including anyone acting on his or her behalf, who enroll in GTP through the Site, who creates an on-line account through the Site, and/or who may access or use the Site.
REGISTRATION FOR AN ACCOUNT
Age Limit
You must be 18 years of age to enroll in GTP’s program through the Site, to create an on-line account with GTP, and/or to access or use the Site.
Need for an Account
If you would like to enroll through the Site, you must register to create an on-line account, which you will be able to access on the Site through the “My Account” part of the Site. In order to create an Account, you must provide us with accurate and complete information, and inform us immediately of any updates or other changes to such information.
Account Details
When you create an on-line account, you will be required to select a password and user name. You are responsible for safeguarding and maintaining the confidentiality of any password that you use to access your on-line account. You agree to take sole responsibility for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You shall be solely responsible for any and all fees and charges incurred under your on-line account or using your password, whether or not incurred by you or a third party, with or without your authorization. You agree to reimburse GTP for all costs and expenses, including, without limitation, attorneys’ fees and collection fees, incurred by us in our efforts to collect any outstanding balance from you. You agree to immediately notify GTP of any unauthorized use of your password.
Termination
We reserve the right to cancel your on-line account, at any time in our sole discretion. We also reserve the right to refuse creation of a new on-line account.
COMMUNICATIONS AND MESSAGES
User Communications
All communications and information exchanged between you and GTP through the Site (collectively “Communications”) shall not (i) be illegal, defamatory, trade libelous, threatening, an invasion of privacy or harassing; (ii) be obscene or contain any sexual content or pornography; (iii) contain any software viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines, that are intended to damage or detrimentally interfere with any system, data or personal information; (iv) infringe upon, misappropriate or otherwise interfere with any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (v) consist of or contain political campaigning or advertisements, commercial solicitations, chain letters, mass mailings or any form of “spam”; or (vi) otherwise create or result in any liability for GTP. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Communications. GTP has no responsibility and assumes no liability for any Communications sent through the Site by you or any third party sending Communications under your password, regardless of whether you have authorized any such Communication.
Consent to Electronic Communications
By purchasing coverage from and creating an on-line account with GTP, you consent to receive certain communications concerning that coverage from GTP by email, postal mail or phone. To the extent GTP provides certain communications concerning that coverage by email, you agree that all agreements, notices, disclosures and other communications concerning the coverage satisfy any legal requirement that such communications be in writing, and you further agree that any such emails shall be deemed delivered on the date they are transmitted to you.
Cookies
A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. When you access or use our website, we may place a “cookie” on your computer that will allow us to customize and enhance your experience at www.globaltravelplus.com, make improvements to our website, or report website activity. Our cookies will never be used to track your activity on any third party websites or to send spam, nor will our cookies provide us with any personally identifiable information about you.
INTELLECTUAL PROPERTY RIGHTS
All of the content on this Site, including without limitation all text, graphics, software applications, video and audio files, photographs, illustrations, and the design, selection and arrangement thereof (collectively “Content”) are owned by GTP. You may refer to, cite or print and use the Content for your personal, non-commercial use. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of this Site or its Content for commercial or public purposes or on any other website or engage in any other redistribution or republication of the Content. Nothing contained on this Site is intended nor shall it be construed to, grant any license or right to use any trademark or copyright without GTP’s prior written authorization.
EXTERNAL LINKS
The Site may contain links to other third party websites. We provide these links for your convenience only, and we explicitly disclaim any responsibility for the accuracy and/or content of information found on those websites. We hereby disclaim any and all liability and responsibility with regard to, any products or services that you purchase from a third-party website that links from the Site. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party website, and you hereby irrevocably waive any claim against GTP with respect to such websites and third-party content. In addition, we disclaim all warranties express or implied, as to the accuracy, legality, reliability or validity of any content on any such website.
INDEMNIFICATION
You agree to indemnify and hold harmless GTP from and against all liabilities, losses, claims, damages, fines, penalties, costs and expenses, including, without limitation, attorneys’ fees which GTP shall suffer arising out of your use of the Site; your failure to comply with these Terms of Use; any information or other materials you upload, email or otherwise transmit using the Site (including, without limitation, credit card information and other personal information); and your failure to comply with any other terms, conditions, guidelines or rules that are applicable to any portion of the Site that you may use or access.
CONFIDENTIAL INFORMATION
GTP anticipates that it may be necessary for you to provide access to personal information, which may be confidential nature, in order to enroll in GTP’s program through the Site, to create an on-line account through the Site, and/or for GTP to provide the services arising out of your enrollment. GTP’s treatment of that information shall be governed by its Privacy Policy, which you may access at: www.globaltravelplus.com/About-Us/Legal.aspx.
CONFLICT OF TERMS
If there is a direct conflict or contradiction between the provisions of these Terms of Use and any other relevant terms, conditions, guidelines or rules that are applicable to any portion of the Site that you may use or access, the other relevant terms, conditions, guidelines or rules that relate specifically to a particular portion of the Site that you may use or access shall prevail with respect of your use or access of that portion of the Site.
SEVERABILITY
Any provision of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatsoever, shall in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void, and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
APPLICABLE LAW
These Terms of Use shall in all respects be governed by the laws of the State of New Jersey, United States, without regard to its conflicts of law principles. You agree that the Federal and State courts located in Mercer County, New Jersey shall have exclusive jurisdiction over all controversies arising under these Terms of Use and you agree that venue is proper in those courts. You consent to the exercise of personal jurisdiction by any such court and waive any and all objections to such jurisdiction and venue, including, without limitation, forum non-conveniens.
ARBITRATION
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, international tort and equitable claims) arising from or relating to the interpretation, application or enforcement of these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively “Claim”), will be resolved, at the election of GTP or you EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen neither GTP nor you will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, you will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. The arbitration will take place exclusively in New Jersey at a location mutually agreed to by the parties. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to GTP arising out of your enrollment with GTP or the coverage provided to you by GTP will be exclusively litigated in a court of law rather than through arbitration.
WAIVER; ENTIRE AGREEMENT
Any waiver of any provision of these Terms of Use must be in writing and signed by GTP to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms of Use constitute the entire understanding and agreement between you and GTP relating to the subject matter hereof and supersede any and all prior statements, understandings or agreements, whether oral or written regarding such subject matter.
DISCLAIMER
THIS SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, GTP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN ADDITION, GTP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, PROVIDED ON THE SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THIS SITE WILL BE FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS SITE ASSUMES ALL RISK OF LOSSES OR DAMAGES ARISING OUT OF THE USE OF THIS SITE.
LIMITATION OF LIABILITY
GTP SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL), PERSONAL INJURY, INJURY TO PROPERTY, OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY, AS A RESULT OF, OR WHICH MAY BE ATTRIBUTABLE DIRECTLY OR INDIRECTLY TO, YOUR EMROLLEMENT THROUGH THIS SITE, YOUR CREATION OF AN ACCOUNT, YOUR ACCESS TO AND USE OF THE SITE, ANY INFORMATION CONTAINED ON THIS SITE OR YOUR PERSONAL INFORMATION TRANSMITTED OVER THIS SITE. IN PARTICULAR, NEITHER GTP NOR ANY THIRD PARTY SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) PERSONAL INJURY, INJURY TO PROPERTY, OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSIONS OF ANY INFORMATION OR DATA OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY, OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION OF PERFORMANCE AND/OR THE SITE. OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE AND/OR YOUR ACCESS TO AND/OR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR ANY OTHER LEGAL THEORY), IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Website Privacy Policy
Your privacy is important, and Global Travel Plus (“GTP”) maintains the highest standards for the protection of your privacy at its website. When you enroll in our program through our website, you will be asked create an account on our website by entering your personal information, the personal information of an emergency third party contact that you identify, and, as appropriate, the personal information of your designated dependents. This Website Privacy Policy addresses the use and disclosure of the personal information we may collect from you.
I. Information GTP Collects
We collect information from you when enroll in our program through our website and when you create and/or update your online account. This information may include, but is not limited to, your contact information (full name, email address, birth date, billing address, telephone number, and mobile phone number), your credit card information, information pertaining to your health insurance, the contact information of an emergency contact you identify (full name, telephone number and mobile phone number), and, as applicable, your dependents’ contact information (full name and birth date).
In addition, our web servers capture your domain name and the IP address of the web page from which you enter our Site, the pages you visit on our Site and the amount of time you spend on our Site.
II. Protection of Personal Information
All personal information you provide to us is maintained on secure servers and on our secure internal systems.
III. How GTP Uses Information You Provide
When you enroll in our program through our website, we will use the personal information you provide to process and track your purchase; to contact you via email, postal mail or phone if we have any questions or concerns regarding your purchase; to provide to you and your designated dependents emergency medical and other travel assistance services, through third party service providers; and to contact your emergency contact via phone, if necessary, in the event that a travel-related emergency is reported to us. If you provide an email in connection with your enrollment, you may receive order confirmation and other details pertaining to your enrollment and plan via email.
GTP does not send any unsolicited email (“spam”). GTP does not sell, rent or share any personally-identifiable information that you provide.
IV. Cookies
When you access or use our website, we may place a “cookie” on your computer that will allow us to customize and enhance your experience at www.globaltravelplus.com, make improvements to our website, or report website activity. Our cookies will never be used to track your activity on any third party websites or to send spam, nor will our cookies provide us with any personally identifiable information about you.
V. Third Party Links
If you choose to use any of the links we provide to third party resources, you will be leaving our website and going to a new website. Protection of your privacy at those other websites will be governed by the privacy policy at that website.
VI. Website Privacy Policy Changes
GTP may change or update this Website Privacy Policy from time to time, and will post such changed or updated policies to this page. If we make any changes or updates to this Policy, we will let you know the effective date of the changes and provide information to explain what has changed.
This Website Privacy Policy is effective as of: March 1, 2013
If you have any questions about our Website Privacy Policy, please contact us at: info@globaltravelplus.com
VII. Online Privacy Policy Only
This Website Privacy Policy applies only to information collected through our website and not to information GTP collects offline.
VIII. Consent to Website Privacy Policy
By visiting our website, or providing personal information, you are consenting to this Website Privacy Policy and the practices described herein.
IX. Terms and Conditions
Please also refer to our Terms and Conditions, which govern the use, disclaimers and limitations of liability regarding our website at: www.globaltravelplus.com/About-Us/Legal.aspx.
X. Children’s Privacy
GTP does not market to, nor does it offer enrollment for purchase by, children. GTP’s website is not intended for children. To the extent GTP receives the personal information of a child who is designated as a dependent of a parent or guardian who has enrolled with GTP, GTP maintains that information on our secure servers and on our secure internal systems. To the extent GTP receives the personal information of a child who is designated as a dependent of a parent or guardian who has enrolled in GTP’s program, GTP will only use that information in accordance with Paragraph III of this Website Privacy Policy.
XI. Rights of California Residents
As described in this Website Privacy Policy, GTP collects various types of information about you, the emergency contact you identify, and, as applicable, your dependents. GTP does not rent or share any personally-identifiable information you provide to any third parties for the third party’s direct marketing purposes.