Terms and Conditions
User Agreement
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH eFravel.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement")
for eFravel.com, a website owned and operated by eFravel, INC, a New
York limited liability company, whose principal office is located at
Suffolk County, New York. This User Agreement is a
legally binding agreement made between you (“You,” “Your,” or
“Yourself”) and eFravel, INC. (“eFravel.com,” “eFravel,” “We,” “Us”
or “Our”). This Agreement describes the terms and conditions that
will govern your use and participation of the services available
under the domain and sub-domains of www.eFravel.com (the "Site").
eFravel.com is an online service that provides a venue to enable
persons who seek transportation to certain destinations (“Drivers”)
to find and choose a transportation vehicle needing transport to or
through those destinations or to find person(s) willing to share
their vehicle with other passengers to or through those destinations
(“Vehicles”); and for Vehicle owners/suppliers to find Drivers to
transport their vehicles or to share a vehicle with the owners to
certain destinations. (For purposes of this Agreement these services
shall collectively be defined as the "Services"). Please read this
Agreement carefully before registering for the Services that the
Site provides. You must read, agree with and accept all of the terms
and conditions contained in this User Agreement, which includes
those terms and conditions expressly set out below and those
incorporated by reference, before you may register for any of the
services provided through the Site. By registering for any of the
Services, you become a User of all Services available on the Site
(“Participant” or “User”) and you agree to be bound by the terms and
conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU MAY NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR
THE SERVICES PROVIDED ON THE SITE. We may amend this Agreement at
any time by posting the amended terms on the Site. Except as stated
below, all amended terms shall automatically be effective 30 days
after they are initially posted on the Site. We strongly recommend
that, as you read this User Agreement, You also access and read the
information contained in the other pages and websites referred to in
this document, as they may contain further terms and conditions that
apply to You as a Participant. This Agreement may not be otherwise
amended except in a writing signed by You and eFravel, INC.
1. ELIGIBILITY: Our services are available only to, and may only be
used by individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, Our services are not
available to children (persons under the age of 18) or to
temporarily or indefinitely terminated Participants. By becoming a
Participant, you represent and warrant that you are at least 18
years old. By using the Site or the Services, You represent and
warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by the terms and conditions of this
Agreement. Your participation of the Service is for Your sole,
personal use. You may not authorize others to use Your user status,
and You may not assign or otherwise transfer Your account to any
other person or entity. We do not assume any responsibility or
liability regarding the age of the user and are not obligated to
verify the actual age of the user.
2. REGISTRATION AND FEES: To access the Services on eFravel.com, you
must register for the Service. Registration on eFravel.com is free.
If and when a Driver is matched with a Vehicle or combination of
Vehicles of the Driver’s choosing, the Driver shall pay eFravel.com
a booking fee (“Booking Fee”). (Collectively, the Booking Fee,
Vehicle Fee, and Processing Fee shall be defined as “the Fees”).
Vehicles and Drivers will have an opportunity to review and accept
any Fees that will be charged. Our Fees Policy is available on this
Site and is incorporated into this Agreement by reference. We may
change our Fees Policy and the Fees for our services from time to
time. Our changes to the policy are effective after we provide You
with at least thirty (30) days' notice of the changes by posting the
changes on the Site. However, we may choose to temporarily change
our Fees Policy and the Fees for our Services for promotional events
and such changes are effective when we post the temporary
promotional event on the Site. We may in our sole discretion change
some or all of our Services at any time. In the event we introduce a
new service, the fees for that service are effective at the launch
of the service. Unless otherwise stated, all Fees are quoted in U.S.
Dollars. You are responsible for paying all Fees associated with
using our Services and the Site and all applicable taxes which may
vary by state or jurisdiction.
3. TERM AND TERMINATION: This Agreement is effective upon acceptance
in registration for new Users and for all Users upon the posting
dates of any subsequent amendments to this Agreement. You may
terminate your participation in the Services at any time, for any
reason upon receipt by Us of Your written or email notice of
termination. Either You or We may terminate your participation in
eFravel by removing Your Information at any time, for any reason,
without explanation, effective upon sending written or email notice
to the other party. Upon such termination by Us, We shall refund,
pro rata, any unused portion of any Fees that have been received
from You. However, We shall not be liable to You for any refund of
any unused portion of any Fees and may continue to bar Your use of
the Service in the future provided that in the event that We
determine, in our sole discretion, that there has been any breach of
this Agreement by You. Even after your participation in eFravel is
terminated, this Agreement will remain in effect.
4. YOUR INFORMATION: Your Information is any information you
provide, publish or display (“post”) to us or other Users in the
registration or in any public message area (including, but not
limited to the feedback section) or through any email feature (“Your
Information”). Your information will be stored on computers. You
consent to Us using Your Information to create a User account that
will allow You to participate in the Service. You are solely
responsible for Your Information and your interactions with other
Participants, and we act as a passive conduit for your online
posting of Your Information. If and when you register on
eFravel.com, You agree to provide accurate, current and complete
information as prompted by Our registration form and to maintain and
update Your Information to keep it accurate, current and complete.
You agree that We and other Participants may rely on Your
Information as accurate, current and complete. You acknowledge that
if Your Information is untrue, inaccurate, not current or incomplete
in any respect, We have the right to terminate this Agreement and
Your use of the Services. In the event of termination under these
conditions, You acknowledge that you will forfeit any Fees you have
paid to eFravel.
You also agree to uphold and maintain Our Privacy Policy and to the
terms and conditions thereof. You may read a full description of our
Privacy Policy contained on your site.
5. RESTRICTED ACTIVITIES. You agree that you will use the Services
in a manner consistent with any and all applicable laws and
regulations. We reserve the right, but are not obligated to
investigate and terminate your participation in eFravel if You have
misused the Site or the Services, or behaved in a way which could be
regarded as inappropriate or whose conduct is unlawful or illegal.
(i.) With respect to your participation on the Site or through the
Services, You agree that You will not:
(a) Impersonate any person or entity; (b) "Stalk" or otherwise
harass any person; (c) Express or imply that any statements you make
are endorsed by Us, without Our specific prior written consent; (d)
use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational
structure or presentation of the Service or its contents; (e) post,
distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights; (f) remove
any copyright, trademark or other proprietary rights notices
contained in the Service; (g) interfere with or disrupt the Services
or the site or the servers or networks connected to the Services or
the site; (h) post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; (i) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information transmitted through
the Service; (j) "frame" or "mirror" any part of the Service,
without Our prior written authorization. You also shall not use meta
tags or code or other devices containing any reference to Us or the
Service or the site in order to direct any person to any other web
site for any purpose; (k) modify, adapt, sublicense, translate,
sell, reverse engineer, decipher, decompile or otherwise disassemble
any portion of the Service or any software used on or for the
Service or cause others to do so.
(ii.) You further agree that Your Information and your interactions
on the Site shall not:
(a) be false, inaccurate or misleading;(b) infringe any third
party's rights, including but not limited to: intellectual property
rights, copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (c) violate
any law, statute, ordinance or regulation; (d) be defamatory, trade
libelous, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive or illegal material; (e)
contain any offensive anatomical or sexual references, or offensive
sexually suggestive or connotative language; (f) include in Your
Information any telephone numbers, street addresses, last names,
URL's or E-mail addresses other than where explicitly asked for it
in the Your registration and profile section; (h) contain any
viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs
or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (i) create
liability for us; and (j) link directly or indirectly to any other
websites. You further agree that You will not transfer, use, or sell
Your eFravel.com account and/or ID to any another party. We reserve
the right, but We have no obligation, to reject any Participant that
does not comply with these prohibitions and we shall not refund Your
Fees.
6. PROPRIETARY RIGHTS: You warrant and represent to Us that Your
Information is posted by You and that You are the sole author of
Your Information. To enable eFravel to use Your Information without
violating any rights you might have in such information, You
automatically grant, and you represent and warrant that You have the
right to grant, to Us and other Participants, a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity,
and database rights you have in Your Information, and to use, copy,
perform, display and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such
information and content, in any media now known or not currently
known, with respect to Your Information. eFravel will only use Your
Information in accordance with our Privacy Policy. In addition,
other Participants may post copyrighted information on the Site,
which has copyright protection whether or not it is identified as
copyrighted. Except for that information which is in the public
domain or for which You have been given permission, You will not
copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information of other Participants on the
Site.
7. INFORMATION CONTROL: We cannot verify or guarantee the accuracy
of the information Users provide us when they register on the Site,
and We do not control the information provided by other Users that
is made available through our system. Therefore, eFravel.com cannot
and does not confirm each User's purported identity. You may find
other User's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using the Site.
Please note that there are also risks of dealing with underage
persons or people acting under false pretense. By using this Site,
you agree to accept such risks and eFravel is not responsible for
the acts or omissions of users on the Site. In order to help you
evaluate with whom you are dealing, eFravel.com offers a
user-initiated feedback and rating system as defined below. We also
encourage you to communicate directly with each potential Driver or
Vehicle owner/supplier prior to engaging in an arranged
transportation service.
8. FEEDBACK: Feedback is a Participant-initiated system on
EFravel.com that allows Vehicles and Drivers to rate and evaluate
other EFravel.com Participants, designed for the purpose of
facilitating a better match experience. Feedback does not reflect
the opinions or endorsements of Us. By registering as a Participant,
You agree to the following:
(a) You will not take any actions that may undermine the integrity
of the feedback system.
(b) We reserve the right to terminate any User’s participation in
EFravel.com if such User receives negative feedback from any other
Participant, however, we are not obligated to review or evaluate the
Feedback with respect to any Participant. EFravel is not responsible
for the content of any Feedback. It reserves the right to monitor,
but is not obligated to do so, all content posted in the Feedback
system.
9. EFRAVEL E-MAIL COMMUNICATIONS: E-mail communications sent from Us
or through Us are designed to make Your EFravel experience more
efficient. By becoming a Participant, You specifically agree to
accept and consent to receiving e-mail communications initiated from
Us or through Us, which include, without limitation: message
notification e-mails, e-mails informing you about potential
available Vehicles or Drivers and e-mails informing You of
promotions We run and emails informing You of new and existing
features We provide. If You do not wish to receive any of our e-mail
communications please do not register for the Service.
10. INTELLECTUAL PROPERTY: All intellectual property rights on the
Site and in the Service shall be owned by Us absolutely and in their
entirety. These rights include and are not limited to database
rights, copyright, design rights (whether registered or
unregistered), trademarks (whether registered or unregistered) and
other similar rights wherever existing in the world together with
the right to apply for protection of the same. All other trademarks,
logos, service marks, company or product names set forth in this
website are the property of their respective owners.
11. INDEMNITY: You will defend, indemnify, and hold Us and Our
officers, directors, employees, agents and third parties harmless,
for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to or arising out of Your use
of the Service, including:
(a) Your breach of this Agreement or the documents it incorporates
by reference; or (b) your violation of any law or the rights of a
third party, including, without limitation, any allegation that any
materials that You submit to Us or transmit to the Service or to Us
infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party;
and/or (c) Your activities in connection with the Service. This
indemnity shall be applicable without regard to the negligence of
any party, including any indemnified person.
12. ONLINE CONTENT DISCLAIMER: Opinions, advice, statements, offers,
or other information or content made available through the Service,
but not directly by Us, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely
responsible for such content. WE DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND
NEITHER DO WE ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED
TO PARTICIPANTS. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO
MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE
SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE
OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS
AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE
SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN
YOU AND OTHER PARTICIPANTS THAT ARE NOT READILY ACCESSIBLE TO THE
GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT
REQUIRED BY APPLICABLE LAW.
13. OTHER DISCLAIMERS:
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state. We do not warrant that
Your use of the Service will be secure, uninterrupted, always
available, or error-free, or will meet your requirements, or that
any defects in the Service will be corrected. WE DISCLAIM LIABILITY
FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND
AVAILABILITY.
We cannot guarantee that each User is at least the required minimum
age, nor do we accept responsibility or liability for any content,
communication or other use or access of the Site or the Services by
persons under the age of 18 in violation of this Agreement. Also it
is possible that other Users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene materials on
the Site or through the Services and that you may be involuntarily
exposed to such offensive and obscene materials. It also is possible
for others to obtain personal information about You due to Your use
of the Site or the Services, and that the recipient may use such
information to harass or injure You. We are not responsible for the
use of any personal information that You disclose on the Site or
through the Services. Please carefully select the type of
information that You post on the Site or through the Services or
release to others. We disclaim all liability, regardless of the form
of action, for the acts or omissions of other Participants or Users
(including unauthorized users, or "hackers").
EFRAVEL.COM ONLY OFFERS A VENUE THAT ENABLES VEHICLES AND DRIVERS TO
MATCH WITH EACH OTHER. EFRAVEL.COM DOES NOT OFFER TRANSPORTATION
SERVICES AND EFRAVEL IS NOT A TRANSPORTATION COMPANY. We are not
involved in the actual transportation services between Vehicles and
Drivers. As a result, we have no control over the quality or safety
of the transportation that occurs as a result of this service; nor
do we have any control over the truth or accuracy of the of
Participants’ information listed on EFravel.com. We cannot ensure
that a Driver or Vehicle owner/supplier will actually complete an
arranged service.
14. LIMITATION OF LIABILITY: IN NO EVENT WILL WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU
FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA,
LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT
MAINTAINED OR TRANSMITTED BY OUR SERVICE, SERVICE INTERRUPTIONS, OR
FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF
OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS REGISTERING TO THE
SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY
DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING
OUT OF THE USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT
LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING
WITH OTHER PARTICIPANTS OF THE SITE OR THE SERVICES, OR INTRODUCED
TO YOU VIA THE SITE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT
LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL
DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
15. COMPLAINTS: To resolve a complaint regarding the Service, You
should first contact via email our Customer Service Department.
16. RELEASE: In the event that You have a dispute with one or more
Users, You agree to release EFravel.com (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected to such
disputes with other Users or to Your use of the Site or the
Services.
17. INFORMATION CONTROL: We do not control the information provided
by other Users that is made available through our system. You may
find other User's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution and common sense when using the
Site. Please note that there are also risks of dealing with underage
persons or people acting under false pretense. By using this Site,
you agree to accept such risks and EFravel is not responsible for
the acts or omissions of users on the Site. EFravel is not
responsible for lost or stolen information or data.
18. BREACH: Without limiting other remedies, we may terminate but
are not obligated to terminate your Participation, remove Your
Information, warn our community of your actions, issue a warning,
and refuse to provide our services to you if: (a) you breach this
Agreement or the documents it incorporates by reference; (b) we are
unable to verify or authenticate any information you provide to us;
(c) we believe that your actions may cause financial loss or legal
liability for you, our users or us; or (d) if we suspect that you
have engaged in fraudulent activity in connection with the Site or
the Services.
19. RESOLUTION OF DISPUTES AND LEGAL CLAIMS. You and We agree that
all legal disputes or claims between the Parties will be submitted
to binding arbitration in Suffolk County , New York . The
arbitration shall be conducted by the American Arbitration
Association, or any other established ADR provider mutually agreed
upon by the parties. Any judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
20. PRIVACY: We do not sell or rent Your Information to third
parties for their marketing purposes without your explicit consent
and we only use your information as described in the Privacy Policy.
We view protection of users' privacy as a very important community
principle. We understand clearly that you and your information is
one of our most important assets. We store and process your
information on computers located in the United States that are
protected by physical as well as technological security devices. We
use third parties to verify and certify our privacy principles. You
may review our current Privacy Policy at Privacy Policy. If you
object to your Information being transferred or used in this way,
please do not use or access our Services. All information submitted
may be subject to disclosure to third parties by law or court order.
EFravel may, but is not obligated to do so, inform You of a request
for such Information prior to complying with the law or court order.
21. NO AGENCY: You and EFravel are independent contractors, and no
agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by this
Agreement.
22. NOTICES: Except as explicitly stated otherwise, any notices to
EFravel shall be sent to admin@efravel.com,
and any notices to Your shall be given to You via the email address you provide to EFravel.com during the registration process
or may be posted on the website. In such case, notice shall be
deemed given 3 days after the date of mailing. Notice shall be
deemed given 24 hours after email is sent, unless the sending party
is notified that the email address is invalid. Alternatively, we may
give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to EFravel.com during the
registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
23. GENERAL: This Agreement shall be governed by the laws of the
State of New York without regard to choice of law principles. If any
provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by EFravel, INC. in our
sole discretion in accordance with the "Notices" section of this
Agreement. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding
and agreement between the parties with respect to the subject matter
hereof. Sections referring to Fees, Services, Licenses, Liability
Limit, Indemnity, and Resolution of Disputes shall survive any
termination or expiration of this Agreement.
Your Privacy
EFravel.com, EFravel, INC ("we" or "EFravel.com") is dedicated to
protecting your personal information and informing you about how we
use it. This privacy policy only applies to transactions and
activities and data gathered on the EFravel.com site. Please review
this privacy policy periodically as we may revise it without notice.
This privacy policy was last revised on August 11, 2007. Each time
you visit the Site or provide us with information, by doing so you
are accepting the practices described in this privacy policy at that
time.
Your IP Address
Like most e-commerce Websites, each time you visit the Site, we
automatically collect your IP address and the web page from which
you came. In order to administer and optimize the Site for you and
to diagnose problems with our Site, we use your IP address to help
identify you and to gather broad demographic information about you.
Cookies
Like most Websites, the Site uses cookies to keep track of your
activity on the Site and enhance your experience on the Site. If you
wish to disable these cookies, the "help" portion of the toolbar on
most browsers will tell you how. However, if you set your browser to
disable cookies, you may not be able to access certain areas on the
Site.
Data We Collect From You
In order to operate the Site and to provide you with information
about products or services that may be of interest to you, we may
collect "personal information" (i.e. information that could be used
to contact you directly (without using the Site) such as full name,
postal address, phone number or email address), "financial
information" (i.e. credit card numbers or passwords) or "demographic
information" (i.e. information that you submit, or that we collect,
that is neither personal information nor financial information; this
may include, but is not limited to, zip code, postal code, hometown,
gender, username, age/birth date, purchase history information,
browsing history information, searching history information,
registration history information, and the content of communications
between you and other members over the Site), subject to the rest of
this paragraph. Demographic information is divided into two
categories: 1) "non-public information", which consists of purchase
history information and one-on-one communications between you and
other users of the Site; and 2) "public information", which consists
of all other demographic information. We ask that you do not enter
personal information or financial information into your “Profile”
(for example, don’t use your address or passcode as your username,
or include your name or address in your written responses), because
if you do then it may be posted publicly on the Site, and the
information will then be treated as "demographic information" that
is "public information." Please note that nowhere on the Site do we
knowingly collect personal information from children under the age
of 18, as we require that all users represent to us that they are at
least 18 years old.
How We Use Personal Information
We use your email address and your other personal information to
help us efficiently operate the Site, to contact you in connection
with your transactions and other activities on the Site (including,
but not limited to, confirmation emails or important news that could
affect your relationship with EFravel.com), and to forward trip
information to you from other EFravel.com users. These types of
communications, are known as "Operational Communications." In some
cases, Operational Communications may also contain commercial
messages, such as banner ads and special offers.
To operate the Site, including processing your transactions and
supporting your activities on the Site, we may share your personal
information with our agents, representatives, contractors and
service providers so they can provide us with support services such
as authorization of credit card transactions, email origination,
receipt or support services, customer relationship management
services, and order fulfillment. We require these entities not to
use your information for any other purpose.
By purchasing, or registering or making reservations for, products
or services offered or sponsored by third parties on the Site, or
electing to receive communications (such as emails or material by
mail) or electing to participate in contests, sweepstakes or other
programs (such as discount or rewards programs), offered or
sponsored by third parties on the Site, you consent to our providing
your personal information to those third parties. Those third
parties may use your personal information in accordance with their
own privacy policies. You will need to contact those third parties
to instruct them directly regarding your preferences for the use of
your personal information by them. Additionally, you agree that we
may use and disclose all such information so submitted to such third
parties in the same manner in which we are entitled to use and
disclose any other information you submit to us.
Any third party with whom we are allowed to share your personal
information is authorized to use your personal information in
accordance with our contractual arrangements with such third parties
and in accordance with their own privacy policies, over which we
have no control, and you agree that we are not responsible or liable
for any of their actions or omissions. Those who contact you will
need to be instructed directly by you regarding your preferences for
the use of your personal information by them.
Please read the information below under the heading "Special Cases
in which we Share Personal and Financial Information" to learn more
ways in which we may share your personal information.
How We Use Financial Data
We use your financial Data to verify the validity of your funds, and
to bill you for products and services. By making a purchase, or
engaging in any other kind of activity or transaction that uses
financial information, on the Site, you consent to our providing
your financial information to our service providers and to such
third parties as we determine are necessary to support and process
your activities and transactions, as well as to your credit card
issuer for their purposes. These third parties may include the
credit card companies and banking institutions used to process and
support the transaction or activity.
Special Cases in which we Share Personal and Financial Information
Your personal information or financial information may be passed on
to a third party in the event of a transfer of ownership or assets,
or a bankruptcy. We may also disclose personal information or
financial information when we determine that such disclosure is
necessary to comply with applicable law, to cooperate with law
enforcement or to protect the interests or safety of EFravel.com or
other visitors to the Site. We also may disclose your personal
information or financial information to our subsidiary and parent
companies and businesses, and other affiliated legal entities and
businesses with whom we are under common corporate control. Whenever
personal information or financial information is disclosed under
this paragraph, we may also disclose your demographic information
along with it, on a non-anonymous basis. All of our parent,
subsidiary and affiliated legal entities and businesses that receive
your personal information, financial information, or non-anonymous
demographic information from us will comply with the terms of this
privacy policy with respect to their use and disclosure of such
information. EFravel is not responsible for the actions of third
parties.
How We Use Demographic Data
We may review all demographic Data. We may use public information to
enable other users to search your profile, to determine whether your
trip details fit other user’s requirements, and to communicate with
you. We may use demographic information to tailor the Site and
communications to your interests. We may also share demographic
information with advertisers on an anonymous and aggregated basis
(i.e., without telling the advertisers your identity). One of the
reasons we may do this is to increase the likelihood that our
advertisers’ goods and services will appeal to you as EFravel user.
Our sharing of demographic information with advertisers is anonymous
(i.e., we do not tell advertisers which particular EFravel.com users
are members of which demographic groups), subject to the rest of
this privacy policy. When you respond to an advertisement, however,
we ask you to remember that if that ad that is targeted to a
demographic group and you decide to give the advertiser your
personal information, then the advertiser may be able to identify
you as being a member of that demographic group.
Our Security Precautions
The Site has security measures in place to protect against the loss,
misuse and alteration of the information under our control. Our
secure server software (SSL) is the industry standard and among the
best software available today for secure commerce transactions. We
encrypt all of your personal and financial information as it travels
over the Internet and we store your financial information on our
servers in encrypted form. Your information may be transferred to
and maintained on computer networks which may be located outside of
the state, province, country or other governmental jurisdiction in
which you reside, and the country or jurisdiction in which these
computer networks are located may not have privacy laws as
protective as the laws in your country or jurisdiction.
Changing our Privacy Policy for Previously Gathered Information
If at any point we decide to use particular personally identifiable
information in a manner different from that stated at the time it
was collected, we will notify users by way of an email or by
providing 30 days notice on the Site. Please note that we will
continue to have the right to change our privacy policy and
practices, and how we use your personally identifiable information,
without notice, as described in the first paragraph of this Privacy
Policy, provided that such changes shall only apply to information
gathered on or after the date of the change.