We recommend that you carefully read these General Terms and Conditions of Use (“Terms”), compliance to which is required, before any access or use of the websites and/or mobile applications of MINGALAPAR CO.,LTD. that link to these Terms.
These Terms have been developed for Users of the Website and Mobile Applications published and developed by MINGALAPAR CO.,LTD. – Hong Kong
By using the Website and Mobile Applications you agree to comply with these Terms in full, including the mandatory arbitration provision and class action waiver in Article 20. Consequently, if you do not agree to any of these Terms, you must not access or use the Website or Mobile Applications. MINGALAPAR CO.,LTD. reserves the right at any time and in our sole discretion to modify these Terms. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Website and Mobile Application or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the Website and Mobile Application will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Website or the Mobile Application. If you do not agree to the revised Terms, you may not access or use the Website or Mobile Application. Any changes we make will not affect your rights with respect to Services you have already purchased.
“The Company” or “MINGALAPAR CO.,LTD. “or “We” mean MINGALAPAR CO.,LTD., a company whose headquarters are in Hong Kong – incorporated in HONG KONG under the registration N°2597260 – as a Publisher and developer of the Website and Mobile Applications.
“Website” means the website currently located at: www.mingalapar.com
“Mobile Applications” means the executable program downloadable onto mobiles offering functionalities and Content accessed by the User and developed by MINGALAPAR CO.,LTD.
“You” means the User of the Website and Mobile Applications.
“Content” means any Mingalapar Content or Member Content including text, image, music, audio, video, information or other elements.
“Dispute” means any disputes, claims, suits, actions, causes of action, demands or proceedings.
“MINGALAPAR CO.,LTD. Content” means any content made available by MINGALAPAR CO.,LTD. through the Website or Mobile Applications, including but not limited to images, sounds, videos, photos, logos, trademarks, graphics, tools, software, documents and any other materials, including any content whether or not obtained under licence from a third party.
“Feedback” means any questions, comments, suggestions, ideas, original or creative materials or other information about MINGALAPAR CO.,LTD., the Website, Mobile Applications, or Services submitted by a User to MINGALAPAR CO.,LTD..
“Member Content” means any Content published, transmitted or shared by a Member on MINGALAPAR CO.,LTD., notably the Content accessible through the “My Account” section, including details of Member travel files and other Member Content.
“Services” means the holiday information and travel agency marketplace services offered on the Website and Mobile Applications.
“User” means any person or entity navigating on the Website or Mobile Applications.
“Member” means any User having an Account after her or his application to join has been duly completed and approved. The Member is an identified User of MINGALAPAR CO.,LTD. Websites and Mobile Applications.
“Local Travel Agency” means a third-party independent travel agent based in a country of destination making travel services available in return for payment.
“Account” means the individual account created by the Member at time of registration on MINGALAPAR CO.,LTD. Websites and Mobile Applications.
“Traveler” means any Member that has purchased travel services through the Website, Mobile Applications, or Services.
Description of MINGALAPAR CO.,LTD. Services and Products
MINGALAPAR CO.,LTD. is a marketplace bringing together Travelers with Local Travel Agencies for the purpose of devising and delivering customized travel services. Mingalapar, by means of the Website and Mobile Applications, offers the following Services to Users wishing to organize their travel:
- Information, advice and factsheets
- Making contact with Local Travel Agencies specialising in devising and delivering travel services
- System of transmission of personal contact details and other information to selected contacts and partners
- System of secure payment to Local Travel Agencies
- Information on, and offers of assistance services in respect of, repatriation and payment of medical expenses
- Information about travel insurance sold by third parties
- Online display and sharing of travel dossiers and photos
- Creation and sharing of testimonies, comment and advice
- Creation and sharing of feedback and content of experience
MINGALAPAR CO.,LTD. Copyright and Intellectual Property
You may view, download and print MINGALAPAR CO.,LTD. Content for your personal and non-commercial use only.
MINGALAPAR CO.,LTD. owns all intellectual property rights (including in particular copyright, trade marks, database rights and any other similar rights anywhere in the world) covering not only the structure but also MINGALAPAR CO.,LTD. Content except for Content obtained under license from a third party.
Any reproduction, representation, publication, transmission, use or modification whether in whole or in part of the MINGALAPAR CO.,LTD. Content without such approval and/or authority, is strictly prohibited.
Such unlawful or illegal acts render their perpetrator liable in consequence and may entail legal proceedings against the perpetrator(s) thereof notably on grounds of infringement of rights. MINGALAPAR CO.,LTD. trademarks, logos and brands and those of its partners displayed on the Website and Mobile Applications are registered. Any reproduction whether in whole or in part of these trademarks and/or logos without the express prior authority and approval of MINGALAPAR CO.,LTD. is prohibited.
Any unauthorized reproduction of trademarks, logos and distinctive signs shall constitute an infringement liable to sanction under criminal law. Infringers are liable to sanctions under civil and criminal law and notably to the sanctions provided in applicable intellectual property law.
Similarly, MINGALAPAR CO.,LTD. is a producer of databases. Consequently, any extraction of data from and/or re-use of the one or more databases in the meaning of in applicable intellectual property law are prohibited.
Use of MINGALAPAR CO.,LTD. Website and Mobile Applications
You are only permitted to use the Website, Mobile Applications and Services for personal and non-commercial purposes.
Any other use of MINGALAPAR CO.,LTD. Content must be approved in advance in writing by MINGALAPAR CO.,LTD.
Unless such express approval has been granted, it is strictly forbidden to reproduce, copy, transmit, redistribute or republish MINGALAPAR CO.,LTD. Content whether in whole or in part.
Furthermore, and in all circumstances, it is forbidden to modify the MINGALAPAR CO.,LTD. Content or to modify or delete indications of copyright, trademarks or signs of title or ownership relating to the MINGALAPAR CO.,LTD. Content.
You must use the Website, Mobile Applications and Services in accordance with applicable law. Your use of the Website, Mobile Applications, and Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Website, Mobile Applications, and Services. You will not:
Use our Website, Mobile Applications, and Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website, Mobile Applications, or Services, or that could damage, disable, overburden or impair the functioning of our Website, Mobile Applications, or Services in any manner;
- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
- Attempt to indicate in any manner that you have a relationship with MINGALAPAR CO.,LTD. or that MINGALAPAR CO.,LTD. has endorsed you or any products or services for any purpose unless MINGALAPAR CO.,LTD. has provided written permission to do so;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
- Attempt to reverse engineer any aspect of our Website, Mobile Applications or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Website, Mobile Applications, or Services (except as otherwise expressly permitted by law);
- Use or attempt to use another’s account without authorization from such User and MINGALAPAR CO.,LTD.;
- Develop any third-party application that interact with User Content or our Website, Mobile Applications, or Services without MINGALAPAR CO.,LTD.’s prior written consent;
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by MINGALAPAR CO.,LTD. to access our Website, Mobile Applications, or Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Website, Mobile Applications, or Services;
- Bypass or ignore instructions contained in the robots.txt file, accessible at https://www.mingalapar.com/robots.txt, that controls all automated access to our Website, Mobile Applications, or Services; or
- Use our Website, Mobile Application, or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Links to other websites, third party websites
The Website and Mobile Applications may contain links to third party websites. Any use by you of such third-party websites will be subject to the terms and conditions applicable to such third-party websites.
Disclaimer in respect of MINGALAPAR CO.,LTD. Content
MINGALAPAR CO.,LTD. makes every effort to ensure that the Website, Mobile Applications and MINGALAPAR CO.,LTD. Content are accurate and reliable. However, MINGALAPAR CO.,LTD. is not able to guarantee the accuracy, comprehensiveness, availability and/or timeliness of the information and/or the MINGALAPAR CO.,LTD. Content provided on the Website and/or Mobile Applications.
As a User, you acknowledge that you are connecting to and using the Website, Mobile Applications, and Services at your sole risk, including all of the risks associated with interactions with other Users, Members, and Local Travel Agencies. All agreements entered into between User and Local Travel Agency are between User and Local Travel Agency only and not MINGALAPAR CO.,LTD. Local Travel Agencies assume full liability for the services that they offer and provide and for their choice of service providers. In this respect, Travelers will be required to accept the terms of sale of each Local Travel Agency, as they come into force at the time of your acceptance of the Local Travel Agency’s delivery of a cost estimate and/or of your making initial payment.
Use of community tools; Member Content
Certain sections of the Website and Mobile Applications are free to access without registration. However, certain features are available only to Members. The Website and Mobile Applications enable Members to submit and share photos, stories, experiences, opinions and travel blogs. Hence Members may at their discretion submit Member Content for further dissemination.
If you are a Member, you grant MINGALAPAR CO.,LTD. a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivative works of and/or amend any Member Content in any format, including in our services and products for any purpose including in relation to the promotion of our services and products. Member Content may be freely viewed, used, transferred, shared, copied, translated and published by MINGALAPAR CO.,LTD. without further consent of the Member who submits such Member Content, on any media irrespective of the nature or end purpose thereof (commercial, promotional or other) and without territorial limitation.
Members represent and warrant that no Member Content submitted by a Member to the Website or Mobile Applications includes content owned by a third party, except in circumstances where Member has all necessary consents from the relevant third party to grant MINGALAPAR CO.,LTD. the license provided in the preceding paragraph.
In the event of breach of the terms of the above clause, you commit to hold MINGALAPAR CO.,LTD. harmless in regard to any claim of infringement of rights that may arise, and if need be to indemnify MINGALAPAR CO.,LTD.
The Members shall only upload Member Content that is appropriate and not in any way offensive, defamatory or illegal.
You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Website, Mobile Applications, or Services any of the following:
- Member Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
- Member Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- Member Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Member Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Member Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
- Member Content that impersonates or misrepresents your affiliation with any person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files or content; and
- Member Content that, in the sole judgment of MINGALAPAR CO.,LTD., is objectionable or which restricts or inhibits any other person from using or enjoying our Website, Mobile Applications, or Services, or which may expose MINGALAPAR CO.,LTD. or its Users, Members, or Local Travel Agencies to any harm or liability of any type.
Separate and apart from Member Content, you can submit Feedback to MINGALAPAR CO.,LTD. Feedback is non-confidential and shall become the sole property of MINGALAPAR CO.,LTD.. MINGALAPAR CO.,LTD. shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Limitation of Liability
MINGALAPAR CO.,LTD. will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, special, incidental or consequential damages or lost profits, arising out of or in any way connected with your access to or use of the Website, Mobile Application or Services even if MINGALAPAR CO.,LTD. has been advised of the possibility of such damages. The total liability of MINGALAPAR CO.,LTD. for any claim arising out of or relating to these Terms, the Website, Mobile Application or our Services, regardless of the form of the action, is limited to the greater of (i) the amount paid by you to access or use the Website, Mobile Application or our Services or (ii) $100.
The limitations set forth in this Article will not limit or exclude liability for the gross negligence, fraud or intentional, reckless or willful misconduct of MINGALAPAR CO.,LTD. or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Policy of Content withdrawal
MINGALAPAR CO.,LTD. may at any time remove any Content in breach of these Terms with or without prior notice.
If you believe any Content is prejudicial to freedom, respect for persons, image, reputation, gives rise to infringement of copyright and similar rights, rights to image, is defamatory or otherwise violates these Terms, you can contact MINGALAPAR CO.,LTD. at email@example.com to request the withdrawal of such Content.
On receipt of notification, MINGALAPAR CO.,LTD. commits as soon as possible to make an assessment of the disputed Content and of the issues raised and, after checking the identity of the claimants, to rule at its sole discretion whether the Content in question must be withdrawn.
You are recommended to carefully assess the facts before making any claim, for whose raising you will be held liable.
Cancellation of Services, complaints
You may also terminate your Account at any time, however termination of your Account will not relieve you from any outstanding obligations regarding any travel package order you may currently have in progress with a Local Travel Agency.
If you have any queries regarding the Website, Mobile Applications, or Services, please contact Customer Service by email: firstname.lastname@example.org
You can also contact us by post to the following address: MINGALAPAR CO.,LTD. 2003, 20/F, TOWER 5, CHINA HONG KONG CITY, 33 CANTON ROAD, TSIM SHA TSUI, KOWLOON, HONG KONG
If you contact us by email or post, you should attach to your signed request for action, a copy of your identification.
Access to the Website, Mobile Applications and Services.
- Configuration of access
MINGALAPAR CO.,LTD. provides an online service from its Websites and Mobile Applications.
A connection to the Internet is required to access the Website and Mobile Applications.
To access certain Website and Mobile Applications functionalities you must register as a Member and create an Account. The full Website, Mobile Applications, and Services become directly available after registration on the Website or on the Mobile Applications.
- Access and technical operations of the Website and Mobile Applications
We aim to ensure that the Website and Mobile Applications are in full working order 24/7. However, we do not guarantee that the Website and Mobile Applications will operate continuously or free from error.
MINGALAPAR CO.,LTD. shall not be liable for the unavailability, interruption or dysfunction of the Website, Mobile Applications or Services for any reason beyond its reasonable control or where MINGALAPAR CO.,LTD. elects to carry out maintenance or upgrade works on the Website, Mobile Applications, or Services.
We do not guarantee that the Website, Mobile Applications or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website, Mobile Applications or Services and we recommend that you use your own virus protection software. You accept the fact that MINGALAPAR CO.,LTD. and its suppliers may in no circumstance whatsoever be held liable for any material damage and/or financial loss and/or direct or indirect damage and consequences of whatsoever kind and/or arising from the use of or impossibility of using the www.mingalapar.com
- Refusal, suspension and interruption of access
MINGALAPAR CO.,LTD. shall be free at any time to refuse, interrupt or to suspend access to all or part of the Websites and Mobile Applications or to the Services, notably for operational or maintenance reasons, and shall be free to modify, suspend or take the website down and terminate its publication on the Internet network.
- Access free of charge to certain categories of services
MINGALAPAR CO.,LTD. shall provide general information services on open access to Users, meaning
- Personal liability for use of the Website, Mobile Applications and Services
You will defend, indemnify, and hold harmless, MINGALAPAR CO.,LTD. from any claims or damages arising out of (a) your access to or use of our Website, Mobile Applications, or Services; (b) any Member Content or Feedback you provide; (c) your violation of these Terms or the Travel Agent Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Website, Mobile Applications, or Services; or (f) any claims made by any third parties that participate in any travel purchased through these services.
- Your liability in regard to viruses
You will ensure that any Member Content submitted by you to the Website are virus-free. You shall not register or transmit files containing viruses or programs that cause data loss, destruction or corruption. You shall be held fully liable in the event of breach of this condition.
- Your liability in regard to assistance/insurance
With respect to your intended travel, it is advisable to take out insurance if travel is cross-border, including coverage for personal assistance services and payment of medical expenses, accident insurance, repatriation cover, luggage insurance, cancellation insurance, and coverage of legal liability. It shall be your responsibility to check your insurance coverage and if necessary take out insurance with your insurance broker or through an insurance agency that you connect with through our Website.
- Your liability in regard to your communications
You acknowledge that you (and not MINGALAPAR CO.,LTD.) are solely liable for any and all electronic information and content (including Member Content) you upload to the Website and/or Mobile Applications, and acknowledge that MINGALAPAR CO.,LTD. shall incur no liability in this respect whatsoever. You acknowledge that you shall and must use the Website, Mobile Applications, and Services in a manner compliant with applicable law.
MINGALAPAR CO.,LTD. reserves the right at its sole discretion to modify the Website, Mobile Applications and Services from time to time and may restrict access thereto. By using the Website, Mobile Applications, or Services after any such notification of modification you are deemed to accept the modifications made.
This Website and the Mobile Application are not periodically and regularly updated. MINGALAPAR CO.,LTD. expressly does not represent or warrant that the information appearing on the Website and Mobile Application, such as instructions on how to obtain a visa for a certain destination, is accurate or up to date.