Terms of Service Agreement
(billing, checkout and payments)
Last Revised: November 14, 2021
1. General Terms
2. Definitions and Key Terms
- Customer: refers to the company, organization or person that signs up to use the Stops.com Service to manage the relationships with your consumers or service users.
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Stops.com and use the services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personnel: refers to those individuals who are employed by Stops.com or are under contract to perform a service on behalf of one of the parties.
- Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by Stops.com as described in the relative terms (if available) and on this platform.
- Third-party services: refers to advertisers, contest sponsors, promotional partners, marketing partners, and others such as travel agencies who may provide content or offer products or services that Stops agrees might interest you and other Stops users.
- Website: Stops.com’s Payment Checkout sites, which may be accessed via https://stops.com or https:// travel.stops.com or https://pay.stops.com.
- You: a person or entity using the Services.
When making any form of payment to or via Stops, you agree to all the terms listed in the checkout’s Terms and Conditions and agree to pay all fees and charges to your account for the Service and/or Product provided. In addition, you agree to indemnify and relinquish any rights to potential chargebacks or declination of your responsibilities under these Terms.
Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to pay. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider.
By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required.
Should you choose to store certain details with us, you agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder that may be required for the performance of your Services. We reserve the right at any time to update prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.
If upon checkout you chose a Check, Money Order or Wire Transfer option, then your payment will be marked as PENDING until the actual payment has been received. Please note that all payments of this type are paid by you directly to the provider.
Upon making a payment, you will be provided with an official receipt for your payment.
Immediately upon payment, your order will be dispatched to the 3rd party agency via email, which further confirms your space.
Once your reservation is accepted by the 3rd party agency, an additional confirmation will be automatically sent to you via Stops, and/or the 3rd party agency, and from henceforth you will be bound by all the Refund Policies presented to you in the Terms and Conditions of the brochure and/or product which you have purchased.
If by chance the agency refuses your reservation due to limited space, your payment will be immediately refunded.
4. Cancellation and Refund Policy
We appreciate you making your payments via Stops and want to make sure that our Refund Policy is extremely clear.
For subscriptions such as Premium and Boost, you can cancel at any time via the Play or App stores and you will no longer be billed. There are no refunds for Boost or subscriptions, but if you wish to apply for a credit because you feel dissatisfied, then please contact us.
For travel-related payments made to Stops via its various public websites Stops.com, Pay.Stops.com or Travel.Stops.com, the policy is as follows.
- If, by chance, your reservation is not accepted by us or the agency within 72 hours of the time of the reservation, for any reason, then your payment will be canceled and/or refunded within 7 business days.
- You have up to 72 hours to cancel your payment. To cancel your payment within 72 hours of payment (with no fees), please follow the instructions on your Stops Payment Receipt and/or contact us.
- Once your funds are processed 72 hours after your payment, we contact the 3rd party agency with your details and transfer all funds required by your travel agency and/or Stops user. At that time, the agency may respond with their own invoice and/or receipt and may request additional direct payments for additional paid services, upgrades and extended services that may be requested or required (and which were disclosed to you in the brochure and terms and conditions at the time of checkout) .
- Once your payment has been sent in the form of a batch to the credit card processing center, you will no longer be eligible for refund by credit card. To be clear, when making a payment via Stops for travel related products you are forfeiting your right to decline the charges (request a chargeback) and/or to receive a refund back to your original credit card.
- Any and all refunds will be processed by the 3rd party agency only (not Stops) within 30 days of your request.
- Any and all refunds are processed by the 3rd party agency via check or wire transfer and, in some cases, may incur a fee according to their own policies, and any discussion regarding refunds or credits will be in full accordance with the Terms and Conditions and/or Force Majeure sections of the individual Travel product you are purchasing from the 3rd party agency.
- When possible, Stops and or its elected representatives will offer assistance to you, your 3rd party agency and/or your insurance company to ensure that your refund process is streamlined in accordance with these policies and the terms and conditions offered to you by the 3rd parties that offer products and services across its marketplace.
We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
If you have a Coupon or Promo Code, please enter that immediately upon checkout. If by chance you forget your promo code and/or forget to enter it upon checkout, you will have, based on our policies with the agencies, at least up to 7 days from the time of registration to use your code. If this occurs within 72 hours, then a credit may be applied to your credit card. If it occurs after 72 hours, then you will have up to 7 days to offer your code to the 3rd party travel agency for redemption, and they may choose to offer you the savings in the form of a credit and/or refund, at their discretion.
6. Force Majeure Travel Policy
If you purchased a travel product, and for some reason are are not insured, in the cases of major travel disruption as a result of pandemic, war, hostility or anything else defined as Force Majeure in the Terms and Conditions of your specific travel product listed on Stops, then the 3rd party travel agency should, in accordance with Stops’ directives, provide a fully transferable credit for your payments to new dates or an alternative travel destination.
8. Your Consent
By making your reservation via Stops, you are authorizing Stops to securely transfer all of your registration information to your 3rd party agency for complete processing. We do not transfer your payment information to any 3rd party, or even your 3rd party travel agency.
9. Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to request additional funds, refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Stops’ brand.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.
11. Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
12. Links to Other Websites
Our service may contain links to other websites that are not operated by Us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Terms & Conditions of every site you visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.
14. Modifications to Our service
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date below.
15. Updates to Our service
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.
16. Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
17. Term and Termination
This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
19. No Warranties
The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) a Preview to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
20. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
23. Amendments to this Agreement
We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.
24. Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you cannot use our service.
25. Intellectual Property
Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by Israel and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
26. Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ’s INTELLECTUAL PROPERTY RIGHTS.
The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
27. Notice of Dispute
In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: firstname.lastname@example.org. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or us may commence arbitration.
28. Binding Arbitration
If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
29. Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. Our Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.
32. Contact Us
Don’t hesitate to contact us if you have any questions.