Terms of Service

These terms and conditions (the "Terms") govern your access to and use of BIULU’s (biulutravel.com) websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Biulu Travel LLC, a Delaware corporation headquartered in Delaware, United States, (“Biulu Travel”), owner and operator of biulutravel.com. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

1. DEFINITIONS

A. Parties: "You" and "your" refer to you, as a user of the Site. A "user" is someone, a Traveller or a curator, who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Biulu Travel (the owner and operator of biulutravel.com, which will be referred to in the remainder of this document as “Biulu”]. 

B. Content: "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as itineraries, ratings, reviews, messages, photos, and information that you publicly display or is displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Biulu Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Biulu or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Biulu Content.

2. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. SERVICES DESCRIPTION

The Service is a custom travel itinerary planning service per day of travel offered individually to each user upon payment, including the requested on-site services, for trips up to 30 days. Biulu helps create an online detailed trip itinerary based on the request submitted by the user. Biulu is not an operator of tours, activities, nor is it a provider of tours or activities, and Biulu does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Biulu’s responsibilities are limited to providing a day-by-day travel itinerary for the user’s requested city and country, and the in-country services such as bought. Reservations of the mentioned services can be made directly by the traveller through the suggested links, or when requested a full-service package can be made through BIULU.

YOU UNDERSTAND AND AGREE THAT BIULU IS NOT RESPONSIBLE FOR ANY DAMAGES AND DISCLAIMS ALL LIABILITY THAT MAY RESULT IN FOLLOWING BIULU’S ITINERARY RECOMMENDATIONS. THE PARTAKING OF ANY EXPERIENCES RECOMMENDED BY BIULU ARE AT THE TRAVELLER’S OWN RISK.

BIULU assumes no responsibility for the Traveller’s compliance with any applicable laws, rules and regulations. BIULU recommends that Curators and Travellers obtain appropriate insurance. Please review any insurance policy that you may have for your travel carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

While BIULU makes every effort to ensure information provided is accurate and up-to-date, the Traveller is ultimately responsible for checking their itinerary and making sure that suggested routes, addresses, opening times, and other information is accurate.

Recommendations: Please be advised that recommendations given by BIULU are based on the opinions of selected individuals who partner with BIULU and share their advice. BIULU relays their knowledge of the establishments and makes no guarantee about the suitability or availability of the recommendations.

4. CONDITIONS OF USE

Financial Terms: When you complete a request for a custom itinerary on BIULU, you will be charged the agreed planning fee (minus any discounts). You may contact BIULU with any requests for changes or updates to your itinerary until your planned trip is completed. 

5. REFUND AND CANCELLATION POLICY

Travellers are free to reject any Itinerary for any reason prior to completion. Once a Traveller confirms an Itinerary as satisfactory, any fees paid are non-refundable, though the Traveller may request additional advice until their trip is completed. BIULU will make every effort to edit and create an itinerary that is satisfactory to the Traveller BEFORE their trip. If the Traveller is not satisfied with the recommendations provided by BIULU prior to their trip, they may request a refund, which will be considered on individual basis and can be granted taking into account a basic administrative fee. BIULU does not guarantee the suitability or availability of recommendations, and therefore is under no obligation to issue refunds for these reasons.

If any reservation were made using BIULU services of redirecting payment, the conditions of the provider apply and an administration fee of cancellation will be charged.

6. USING THE SITE

A. Eligibility: To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. 

B. Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. 

C. Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. 

D. User Accounts: You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or messages from other Users. You will also receive periodic newsletters about happenings in BIULU. You can opt-out of non-essential communications by clicking the “unsubscribe” button at the bottom of the communication.

7. CONTENT

Responsibility for Your Content: You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by BIULU. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. 

Our Right to Use Your Content: We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against BIULU and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. 

8. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against BIULU and its users any claims and assertions of any moral rights contained in such Feedback.

9. THIRD PARTIES

1. The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.

10. INDEMNITY

1. You agree to indemnify, defend, and hold BIULU, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "BIULU") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BIULU reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of BIULU. BIULU will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BIULU ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BIULU ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE BIULU ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE BIULU ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS RECOMMENDATIONS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE. THE BIULU ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR CURATORS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE BIULU ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR CURATORS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE BIULU ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BIULU ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. THE BIULU ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BIULU ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. THE BIULU ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

12. Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and BIULU agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Save for users located in the EEA and/or Australia, the following arbitration and governing law provisions shall apply: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law). Solely in respect of users located in the EEA and/or Australia, the following governing law provisions shall apply: These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

If you have any questions or doubts about the current Terms of Service, please feel free to contact us at [email protected]