Effective Date: 20 December 2017
We are IQPlanner UK Ltd (hereinafter also called “we”, "IQPlanner", “Company”), a limited company incorporated in England and Wales with registered UK company number 10533877 and registered address at 96 KENSINGTON HIGH STREET, LONDON, W8 4SG.
IQ Planner operates www.iqplanner.com, its subdomains and associated websites (“IQ Planner Website”, “Website”), as well as associated communities and pages in social networking services. IQPlanner website enables experienced travellers (“Partners”) to publish their online content and experience for use by others and monetize it, and IQPlanner website users (“Travellers”) to interact with that content online and plan their perfect holiday.
IQPlanner is not a travel booking website or a travel agent and is not responsible for providing, or controlling travel or accommodation, or activities’ prices of any travel products (“Travel Products”) which you may book with the assistance of Website. All such Travel Products are provided by third parties’ websites such as but not limited to: independent travel agents, airlines, hotels, hostels, activity booking websites, vacation rentals websites, car hire websites, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.
To make these Terms easier to read, the Website and our services are collectively called the "IQPlanner Services" or “Services”.
By using the IQPlanner Services, you agree to be bound by the Terms. If you do not agree to the Terms, you must not use the IQPlanner Services.
If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In such circumstances, “User”, "you", "your", “yourself” or similar terms will refer to the relevant company or other legal entity.
Account — a Website account held by a User registered in accordance with clause 1.6 of the General Terms;
Traveller — a User that interact with the Adventures online and plan their holiday with use of the Services, irrespective of registration on the Website;
IQPlanner, Company, we – have the meaning prescribed in clause 1.1 of the General Terms;
Content — any Partner or other User created information, texts, files, links, images, photos, videos, texts, sounds and other data placed by such User on the Website; Partner — a registered User that publishes his Adventure via the Services; User — an individual (or legal entity) that uses the Services irrespective of registration on the Website; IQ Planner Website, Website - have the meaning prescribed in clause 1.1 of the General Terms;
Travel Products – have the meaning prescribed in clause 1.1 hereof; IQPlanner Services, Services – have the meaning prescribed in clause 1.1 of the General Terms;
Adventure – have the meaning prescribed in clause 2.1 of the Partners Terms; Travel Providers – independent travel agents, airlines, hotels, hostels, activity booking websites, vacation rentals websites, car hire websites, tour operators or other third parties, who provide Travel Products; Remuneration (including Remuneration for Publications, Remuneration for Views and Remuneration for Redirects) – Partner’s remuneration set out in clause 2.4 of the Partners Terms;
Partner Status (including Basic Partner Status, Silver Partner Status, Gold Partner Status) –Statuses which may be assigned to the Partner in accordance with clause 2.3 of the Partners Terms;
SNS Account – have the meaning prescribed in clause 1.6 of the General Terms; Intellectual Property Rights – have the meaning prescribed in clause 1.9 of the General Terms; Feedback - have the meaning prescribed in clause 1.14 of the General Terms;
Registration (identical to “Join IQPlanner”) is required to use some parts of the Services and the Website in full, in particular to become a Partner. You can register via the Website or through your account with certain third-party social networking services such as Facebook or Twitter (each an "SNS Account").
If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address (and such other personal information that your privacy settings on the SNS Account permit us to access).
Registration via the Website can be performed by adding an e-mail and password. The User is then required to activate his Account via a link sent in a confirmation e-mail. After registration the User can log in into his Account with his e-mail and password. IQPlanner does not guarantee that the Services will be available in full while the Account is not confirmed; at the same time IQPlanner may provide part of the Services at its discretion even when the e-mail is yet to be confirmed. It is the User’s responsibility to confirm an e-mail in order to access the Services in full and receive important correspondence, if such sent by IQPlanner.
Only a User who has logged in to the Website can be a Partner and publish his Adventures via the Website.
To make Account more personalized the User may add some information (an avatar, a hero image (banner), a short biography) and some links to his blog or website and (or) SNS Account.
You acknowledge that it is important that you provide IQPlanner with accurate, complete and up-to-date information for your Account. By registering with the Website you represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. If you do not keep your information up-to-date, IQPlanner may have to suspend or terminate your Account.
If we disable your Account, you acknowledge that you should not create another one without our permission.
You are responsible for any activity that occurs through your Account, whether or not you know about them, and you agree you will not sell, transfer, license or assign your account, username, or any Account rights.
You agree that you will not create an Account for anyone other than yourself.
No Payment Use of the Services is always free for all Users.
IQPlanner Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under the laws of England and Wales. By using the Services, you represent and warrant that you are at least 18 years old.
IQPLanner may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time.
Individuals under the age of 18 must at all times use the IQPlanner Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such a case, the adult is the User and is responsible for any and all activities undertaken by the minor.
Your Obligations and Limitations of Use
Your use of the IQPlanner Services is entirely at your own risk.
You may only use the Services in compliance with applicable laws and for legitimate purposes. By using the Services you agree that you shall not:
a. use the IQPlanner Services for any improper purpose that is also unlawful, or transmit any material that is offensive or otherwise objectionable or is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; is transmitted for the purpose of advertising or promoting yourself or any third party; or is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with IQPlanner except for the cases of your actions as a Partner in accordance with the Partners Terms;
b. use the IQPlanner Services for any commercial purpose (except for the cases of commercial use explicitly provided in Partners Terms);
c. use the IQPlanner Services in any manner which may cause damage to IQPlanner or bring IQPlanner into disrepute;
d. download, copy, or re-transmit any or all of the Website or the Content without, or in violation of, a written license or agreement with IQPlanner;
e. copy, distribute, communicate to the public, sell, rent, lend or otherwise use the IQPlanner Services, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the IQPlanner Services;
f. use or interfere with the IQPlanner Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
g. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
h. introduce onto, or transmit via, the IQPlanner Services any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
i. attempt to gain access to secured portions of the IQPlanner Services to which you do not possess access rights;
j. remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the IQPlanner Services or pass off or attempt to pass off the IQPlanner Services as the product of anyone other than IQPlanner;
k. attempt to access or search the IQPlanner Services or Content or download Content from the Website or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by IQPlanner or other generally available third party web browsers;
l. attempt to probe, scan, or test the vulnerability of any IQPlanner Services system or network or breach any security or authentication measures;
m. use any automated computer program or application to scan, copy, index, sort or otherwise exploit the IQPlanner Services and/or the Content and or any part thereof;
n. to the extent that any element of the IQPlanner Services is hosted on a third party website (for example, Facebook or another social network website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions;
o. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the IQPlanner Services;
p. use the IQPlanner Services to generate unsolicited advertisements or spam;
q. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
r. violate any applicable law or regulation (or do any thing by which IQPlanner could be deemed to violate any applicable law or regulation);
s. use the Website or the Content other than for its intended purpose, or
t. encourage or enable any other individual to do any of the foregoing.
The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject IQPlanner to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that IQPlanner provides.
It is your personal obligation to control and assure that your use of Services is in compliance with all applicable laws and regulations, including special requirements to personal data, intellectual property, taxation, public security and counterterrorism. You should not use the Services or avoid doing any certain actions, if such use and/or actions may be in violation with such requirements.
You acknowledge that your unauthorised use of the IQPlanner Services may result in irreparable damage and injury to IQPlanner and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the IQPlanner Services.
Except for the Content uploaded by the Users, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the IQPlanner Services (together, the "Intellectual Property Rights") are owned by or licenсed to IQPlanner. You acknowledge that by using the Services, you will not acquire any right, title or interest in or to IQPlanner Services and (or) in or to the Intellectual Property Rights except for the limited licence to use the IQPlanner Services granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Services in source-code form.
The Intellectual Property Rights and Content are in its entirety or in part protected by applicable laws and treaties worldwide.
Unless expressly authorized by mandatory legislation, you may not use, copy, adapt, modify, prepare derivative works of, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Intellectual Property Rights and Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with the Terms, we grant you a limited non-transferrable, non-sublicensable, revocable, non-exclusive royalty free licence to access and use the Intellectual Property Rights for your own personal non-commercial purposes (except for the cases of commercial use explicitly provided in the Partners Terms).
Without limitation, this means that you may not sell, export, license, modify, copy, distribute, transmit or use the Services (or any part of it) for any other purposes except for explicitly provided herein without our prior express written consent.
IQPlanner and its graphics, logos, icons and service names related to the Services are registered and unregistered trademarks or trade dress of IQPlanner. They may not be used without our prior express written permission.
All other trademarks not owned by IQPlanner that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by IQPlanner.
Any unauthorized use of the Services will result in the automatic termination of the limited license granted by us. IQPlanner reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the IQPlanner Services.
The Services contain Content of the Partners and other IQPlanner licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the IQPlanner Services, please send a written notification of such infringement to the address stated at clause 1.14 of the General Terms.
These Terms set out the full extent of IQPlanner's obligations and liabilities in respect of the IQPlanner Services.
The IQPlanner Services are provided to you “AS IS” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and you use is at your sole risk. The entire risk of satisfactory quality and performance resides with you.
To the fullest extent permissible by law, neither IQPlanner nor its partners nor any of their employees, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services; (b) the Intellectual Property Rights and (or) IQPlanner content; (c) the Content; or (d) security associated with the transmission of information to IQPlanner or via the Services. in addition, IQPlanner hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. IQPlanner reserves the right to deliver the Services and Website in its sole and absolute discretion.
IQPlanner does not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. IQPlanner does not make any representations or warranties that the information on the Services is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk. IQPlanner does not warrant that your use of the Services is lawful in any particular jurisdiction, and IQPlanner specifically disclaim such warranties.
IQPlanner does not seek to exclude liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation on the part of IQPlanner.
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 apply only to the fullest extent permitted by law in the applicable jurisdiction.
Hereby you agree to defend, indemnify and hold IQPlanner harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of the Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by IQPlanner in the defense of any claim. IQPlanner reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of IQPlanner.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). If any court or competent authority decides that any term of this Agreement is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
This Agreement is agreed between the parties. No person shall have any rights under or connection with this Agreement under the Contracts (Rights of Third Parties) Act 1999.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
Any failure by us to enforce any of the Terms shall not be considered to be a waiver or the right to subsequently enforce any of the Terms.
A person who is not a party to the Terms shall have no right to enforce any provision of the Terms.
No joint venture, partnership, employment, or agency relationship exists between you and IQPlanner as a result of this Terms or your use of the Services.
IQPlanner may in its absolute discretion immediately terminate any agreement with you under the Terms at any time upon notice to you and/or by ceasing the Website and/or, if you have an Account, by cancelling your membership and your access to your Account. IQPlanner may suspend your use of the IQPlanner Services without notice at any time, without incurring any liability to you whatsoever.
You hereby agree that if for any reason the Terms are terminated the licence to use any intellectual property rights to your Content and (or) the rights to use any information and data (including personal data) granted by you to IQPlanner under the Terms shall survive. In any case, irrespective of whether the Terms are effective or terminated, you may at any time send us a notification at the address stated at clause 1.14 of the General Terms and terminate such licence or rights. We will delete such Content, information and data within the shortest possible time after receipt of such notification, but you hereby agree that you understand that removed Content, information and data may persist in backup copies for a reasonable period of time.
Irrespective of the country from which you access or use the IQPlanner Services and, to the extent permitted by law, the Terms and your use of the IQPlanner Services shall be governed in accordance with the laws of England and Wales.
Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
If you require further information about IQPlanner or have any suggestions concerning how to improve the IQPlanner Services, please contact us at email@example.com.
We are trying to improve our Service every day and make it more useful and friendly for our Users, so we are always open for any suggestions, comments, improvements, ideas or other feedback on the Services or other related matters (“Feedback”).
To the extent that you provide us with Feedback, you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
In order to become a Partner you should register in the Services in accordance with clause 1.6 of the General Terms.
Being a Partner you are able to publish your reviews, photos and videos on destinations and places you know well (“Adventures”) by clicking “Create adventure” on top of the Website in your Account.
We may (but not obliged to) revise and moderate (including by editing) your Adventure in order to bring it in line with the requirements of the Terms, applicable legislation and (or) make it more suitable for the IQPlanner Services conception. After our review and moderation (if so) the Adventures become visible to the Travellers. Your hereby provide consent to such review and moderation and provide us with a licence to edit and modify the Content as provided above. Your also agree that we may refuse to publish your Adventure or delete such Adventure when published on our sole discretion and without giving any reason.
You also have the right to share your Adventures to your followers on social networks, place widgets and links to such Adventures on your blog.
To the extent that the IQPlanner Services allow you to post, upload, transmit or otherwise make available Content in your Adventures you agree that:
A. you are solely responsible for the Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the licence referred to in clause 2.6 of the Partners Terms;
B. you are not allowed to post any advertising or other commercial Content without our prior written consent;
C. you may not upload any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via the Services;
D. we are under no obligation to store, retain, publish or make available any Content uploaded by you and that you shall be responsible for creating backups of any such Content if necessary.
You may not post Content or take any action via Services that infringes or violates someone else's rights or otherwise violates the law. We can remove any Adventure or part of it if we believe that it violates or may violate any person’s rights. We will also receive the right to disable your Account and/or access to the Services in case of such your violations.
If we remove your Content for infringing someone else's rights, and you believe we removed it by mistake, please contact us at the address stated at clause 1.14 of the General Terms.
Some countries and jurisdiction (or applicable regulations of any legal entities) may have some special requirements concerning any of the Content and publishing thereof (e.g. collecting and disclosing personal data of the third parties, taking and publishing images of any persons or specific objects (e.g., military objects), etc.). Before providing the Content to us or publishing it with use of the Services you should make sure that such actions with the Content are permitted in accordance with the laws applicable not only to you, but as well to such Content (e.g. when you taking picture in the foreign country).
In accordance with applicable legislation on personal data and privacy protection IQPlanner do not process or store the third parties personal data without their consent or any other legal grounds for such processing and storage.
You may not upload to the Service or provide to IQPlanner by any other mean personal data of the third parties, including, but not limited:
- images of any person, - first and last names, - contact details (addresses, telephone numbers, e-mails), - any other information, which may be referred to personal data in accordance with applicable legislation, if you had not got the appropriate preliminary consent of the personal data subject on processing and transfer of his personal data. The consent should be in the form and in compliance with procedure, required by applicable law.
Depending on your activity on the Services you may earn bonus points and get different Partner statuses:
A. Basic Partner Status
You get the Basic Partner Status automatically when registering in the Services (irrespectively of the fact of publishing the Adventures).
Having Basic Partner Status you will:
get Remuneration as set out in clause 2.4 hereof.
B. Silver Partner Status
You get the Silver Partner Status when you publish 15 Adventures within a calendar year.
Having Silver Partner Status you will:
get Remuneration as set out in clause 2.4 hereof;
receive extra rating weight of your Adventures in our Catalogue listing (in comparison with Basic Partners);
have the opportunity to publish your Adventures automatically without our proof-reading;
get assistance of a personal account manager.
C. Gold Partner Status
You get the Gold Partner Status when you publish 25 Adventures within a calendar year.
Having Gold Partner Status you will:
get Remuneration as set out in clause 2.4 hereof;
receive extra rating weight of your Adventures in our Catalogue listing (in comparison with Basic and Silver Partners);
have the opportunity to publish your Adventures automatically without our proof-reading;
get assistance of a personal account manager.
All accumulated bonus points are burned out at the end of each calendar year. Silver and Gold Statuses are subject to expire within one year of issuing, but no longer than by the end of calendar year. To confirm and extend your status to the next period, you need to publish corresponding number of Adventures within a calendar year.
For your activities in the Services you can receive Remuneration for Publications, Remuneration for Views and Remuneration for Redirects (together – “Remuneration”) as set out in this clause herein.
Remuneration for Publications
Every time you as a Partner publish new Adventure on IQPlanner Service, you will get Remuneration for Publications, which shall be calculated as follows:
a. For Basic Partner Status – 1$ per each new Adventure published;
b. For Silver Partner Status – 5$ per each new Adventure published;
c. For Gold Partner Status – 10$ per each new Adventure published.
Importance notice: if case of you unpublish already published Adventure, the exact amount of initial transaction will be temporarily deducted from your account until you publish the Adventure back.
Remuneration for Redirects Every time a Traveller on IQPlanner Services has being redirected to Travel Providers’ sites from your Adventure, you will get a Remuneration for Redirects, which shall be calculated as follows:
a. For Basic Partner Status – 0.03 USD (3 cents) for redirects to Travel Providers offering airline tickets and 0.06 USD (6 cents) for redirects to Travel Providers offering accommodations;
b. For Silver Partner Status – 0.05 USD (5 cents) for redirects to Travel Providers offering airline tickets and 0.1 USD (10 cents) for redirects to Travel Providers offering accommodations;
c. For Gold Partner Status – 0.07 USD (7 cents) for redirects to Travel Providers offering airline tickets and 0.14 USD (14 cents) for redirects to Travel Providers offering accommodations.
Remuneration for Views
You will get a Remuneration for Views in case of viewing of your Adventures by new visitors which are redirected to your Adventure from social networks, widgets in blogs or other links to your Adventure shared by you on the social networks, blogs, third party’s websites or other resources.
The Remuneration for Views will be automatically calculated as 5 USD for each 1,000 new visitors’ page views.
Remuneration calculated in accordance with clause 2.4 hereof will be accumulated on your Account. Payment of Remuneration will be made in USD through PayPal upon your request, providing that the accumulated Remuneration is equal to or more than 100 (one hundred) USD.
On the effective date of the Terms we provide an opportunity to get a payout of Remuneration only by virtue of PayPal and by joining the Services as a Partner you agree that you may get your payouts only to your PayPal account.
In case you have not a PayPal account or have not provided the necessary billing information, you still may publish and share your Adventures. In such a case your Remuneration will be accumulated on your Account, but will not be paid out. As soon as you provide us with the necessary PayPal details or other proper payment method (if such will be applicable due to the Terms), we will payout the Remuneration as set out in the Terms.
It is your sole responsibility to ensure that you provide to IQPlanner accurate, current, and complete information on your PayPal account and it is your obligation to keep your PayPal account up-to-date at all times. You hereby agree that IQPlanner shall not be liable for any loss suffered by you as a result of incorrect PayPal account information provided by you.
To verify your PayPal account we may send one or more payments of nominal amounts to your PayPal account. We may, and retain the right to, initiate refunds of these amounts from your PayPal account.
IQPlanner reserves the right to withhold payment or charge back to your Account any amounts otherwise due to us under the Terms, or amounts due to any breach of the Terms by you, pending the Company's reasonable investigation of such breach.
Your hereby agree that you cover PayPal transaction fees for the amount of the total pay out transaction, in accordance with conditions described herein and at PayPal.com. Please refer to PayPal general payment fees and International payments fees for details.
Legislation and tax
By accepting the Terms and becoming a Partner, you undertake all responsibility to comply with applicable local and international laws when earning money via the Services.
You understand and agree that your Remuneration for Adventures is calculated in accordance with clause 2.4 hereof from the amount of our commission after payment of all applicable to IQPlanner taxes and fees.
You hereby confirm that you are solely responsible for declaring any your earnings made via the Services and paying all resulting taxes in any applicable jurisdiction. You hereby agree that earnings made via the Services constitute a part of your regular annual income for tax purposes and may be subject to income tax in your country. We are not responsible for collecting any local tax on behalf of you and do not undertake to provide any control or assistance in this process, but we may, if required under the laws applicable to us, withhold the taxes from you payments due to you.
You specially agree that we may:
withhold your payout until you provide us required tax information after we have requested it or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information;
withhold any taxes or other amounts from payments due to you as required by law applicable to us.
You hereby indemnify and hold IQPlanner harmless against all claims or liability asserted against IQPlanner arising out of or in connection with any breach by you or anyone acting on your behalf of any of the local legislation and tax procedures. IQPlanner may not be held responsible for any loss or damage arising from your lack of knowledge, inaction, hesitation or otherwise inability to pay the respective income taxes in due course and manner.
Currently IQPlanner can only pay out to the Partners who hold a PayPal account.
Due to PayPal limitations, the Partners being the residents of or using the bank accounts of the following countries may be limited in withdrawing their payout:
Angola, Anguilla, Armenia, Aruba, Azerbaijan Republic, Benin, Bhutan, Bolivia, Brunei, Burkina Faso, Burundi, Cambodia, Cape Verde, Chad, Comoros, Cook Islands, Democratic Republic of the Congo, Djibouti, Egypt, Eritrea, Ethiopia, Falkland Islands, Gabon Republic, Gambia, Georgia, Guinea, Guinea Bissau, Guyana, Kazakhstan, Kiribati, Kyrgyzstan, Laos, Madagascar, Maldives, Mali, Marshall Islands, Mauritania, Mauritius, Mayotte, Micronesia, Mongolia, Montserrat, Namibia, Nauru, Nepal, Netherlands Antilles, Nicaragua, Niger, Niue, Norfolk Island, Papua New Guinea, Pitcairn Islands, Republic of the Congo, Rwanda, Saint Pierre and Miquelon, Saint Vincent and Grenadines, Samoa, São Tomé and Príncipe, Senegal, Serbia, Sierra Leone, Solomon Islands, Somalia, Sri Lanka, St. Helena, Suriname, Svalbard and Jan Mayen Islands, Swaziland, Tajikistan, Tanzania, Togo, Tonga, Tunisia, Turkmenistan, Tuvalu, Uganda, Ukraine, Vanuatu, Vatican City State, Virgin Islands (British), Wallis and Futuna Islands, Yemen and Zambia.
The abovementioned list of countries may be changed at any moment due to any changes to the PayPal rules. Please review the terms of PayPal services periodically (including PayPal's permitted countries list) in order to check, whether you have an opportunity to use PayPal and withdraw your payouts. In case of discrepancy between the abovementioned list and any PayPal terms, the PayPal terms shall prevail.
While we are looking to expand the scope of payment providers, it is the current restriction by our provider. You still may publish and share your Adventures (and we will accumulate your Remuneration as set out in clause 2.4 and 2.5 of the Partners Terms), but we will be limited in the standard ways of payouts. If do not have a PayPal account and you publish and share your Adventures you understand and agree that you could not get your Remuneration from IQPlanner.
IQPlanner does not claim ownership rights in any Content used in your Adventures or otherwise uploaded by you to the Services.
You hereby represent and warrant you are the sole owner of intellectual property rights to the Content or have all rights and licences necessary for publishing such Content and granting the rights under the Terms to the IQPlanner and third parties as provided herein.
Although all intellectual property rights subsisting in any Content will be owned by you or your licensors, you hereby grant IQPlanner a non-exclusive, irrevocable, perpetual (or for the term of the protection), royalty-free, worldwide, transferrable and sub-licensable (through multiple tiers) right to use, reproduce both electronically and otherwise, distribute, modify, adapt, publish, translate, delete from, add to, publicly perform, publicly display, reproduce translate and create derivative works from any and all such Content including for the purposes of advertising, marketing the IQPlanner Services, communications or sharing information.
You agree to allow IQPlanner to store or re-format your Content on the Website and to display your Content on the Website in any way that IQPlanner considers necessary to perform the Services in accordance with the Terms.
Your hereby undertake to provide proof of your ownership of intellectual property rights for the Content used in your Adventures when requested by IQPlanner, legal authorities, a court or any other person. You undertake and agree to indemnify and hold harmless IQPlanner against any loss or costs relating to any dispute and undertakes not to seek to involve IQPlanner in any process or dispute.
Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that IQPlanner may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You hereby agree that you Content may be modified by IQPlanner for such advertising and promotion purposes.
You may at any time delete any of Content published by you. When you delete your Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
With use of the Services you can plan the details of your trip. You can start planning your trip by typing the places of departure and destination on the homepage or while enjoying the Adventure published by the Partner by clicking “Take me there”.
The Services provide options of the trip calculated on the basis of your plan by special searching algorithms integrated to the Services, but the Services do not collect any and all possible options for destinations in your travel plan. In view of the aforesaid you understand and agree that Services may not provide the exhaustive list of the Travel Products or Travel Providers, minimal prices for Travel Products, the most competitive dates and duration of the trip or the most reliable Travel Products or Travel Providers.
You understand and agree that options of your travel plan provided by the Services are of advisory nature and you choose the Travel Products or Travel Providers at your own risk. For avoidance of any doubt IQPlanner under no circumstances shall be liable for any Travel Products or Travel Providers which you may choose with use of the Services.
It is not required to be a registered User to plan the trip with use of the Services, but you need an Account in order to:
save your travel plans and access them from any computer;
share unlisted travel plans with other registered Users and modify such plans together;
turn the travel plans into the Adventures;
receive prices updates, special offers and important information on the Services to your e-mail; and
use other advantages of the Services.
Your hereby agree that you understand that IQPlanner provides to you the tools for building a perfect travel plan, but in any case it doesn’t collect money for tickets, hotels or any other parts of your trip. While planning your travel plan you may be redirected to the Travel Providers. You pay for the Travel Providers services directly on websites of the Travel Providers.
IQPlanner has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the IQPlanner Services (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via IQPlanner, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with IQPlanner. Where the IQPlanner Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may see advertising material submitted by third parties on the IQPlanner Services. Each individual advertiser is solely responsible for the content of its advertising material and IQPlanner accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for:
A. any inaccuracies or omissions in the content displayed on or via the IQPlanner Services; or
B. any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the IQPlanner Services or any content contained provided therein.
Although we enforce strict ‘price accuracy’ policies with Travel Providers and all partners who provide us with travel data and endeavour to ensure that the content displayed on or via the IQPlanner Services is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the IQPlanner Services on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the IQPlanner Services (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
IQPlanner does not control the Travel Products and (or) Content provided by the Partners. IQPlanner is not liable for any loss, harm or upset directly or indirectly caused by any Travel Products and (or) Content. IQPlanner has no control over the quality, safety, morality or legality of any aspect of the Travel Products and (or) Content, the truth or accuracy of such Travel Products and (or) Content. IQPlanner may but is not obliged to pre-screen the Travel Products, Content or information provided by Users. You acknowledge and agree that IQPlanner is not responsible or liable for any content, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by Travel Providers, Partners, other Users, or outside parties on the Website. You use the Services at your own risk.