Terms and conditions
This Itoorer Terms & Conditions (“Agreement”) between Itoorer IE Limited (“Itoorer”, “us”, or “we”) and the organisation or person (“you”, “your”, or “Travel Advisor”) who registered on the Registration Form to receive Referral Code, for commission processing if applicable and access to promote and sell the Services. This Agreement describes the terms and conditions that apply to your use of the Services.
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
Purpose of these terms
This Agreement provides a general description of the Services that Itoorer may provide to you, including those that allow you to receive commissions from sales of services of the Orbister App if applicable.
Before using the Services, you must register within the Registration Form provided here.
- A copy of these terms and conditions should be retained for future reference and it is your responsibility to periodically check here to ensure you are familiar with any changes or updates to these terms and conditions.
- This Agreement provides a general description of the Services that Itoorer may provide to you, including those that allow you to receive commissions from sales of services of the Orbister App if applicable.
Your Referral Code
- After your registration in the Registration Form, your e-mail will be set as your Referral Code and allowing you to start promoting the Services.
- To register you will fill a Registration Form and provide us with your full name, physical address, e-mail, Paypal account if you are a Travel Advisor or with your full organization name, physical address, corporate email, bank account and certain other information about you that we may require to validate your identification and enable us to pay your commission if applicable . We reserve the right to terminate or suspend your Referral Code at any time and for any reason.
- At any time during the terms of this Agreement and your use of the Services, we may require additional information from you to validate the information you provided to verify your identity, including photocopies of your identification documents. Your failure to provide this information or material may result in suspension or termination of your Referral Code.
- You agree to keep your information up to date. You must promptly update your Registration Form with any changes affecting you, or any other pertinent information. We may suspend your Referral Code or terminate this Agreement if you fail to keep this information updated.
- You need to make sure your Referral Code is entered in the App before the purchase of the Services by the Customer to receive your commission from sales if applicable.
- In case your Referral Code is not entered or is entered incorrectly in the App, we reserve the right not to pay any commission if applicable to you from the sales of the Services.
- The commission must be referred to your organization’s commission policy if you are an organization or registered part of an organization. If you are an organization or an individual travel advisor without an organization, the commission baseline is disclosed when you register in the My Area – Agent Information.
- Based on your Referral Code, we will generate and send you a transaction report, on a monthly basis on the 5th day of the following month, according to your sales from the previous month and the calculated commission to be paid. For this Agreement the commission baseline is disclosed when you register in the Registration Form and can increase temporarily in specific seasons of the year according to promotions and initiatives of our sole discretion and/or agreed with the organization or directly to you. We reserve the right to change the commission from time to time with a 5-day prior notice.
- We will process the commission payment by the 15th day of the following month for transactions paid in the previous month to the Paypal account or bank account, if applicable, you have registered in the Registration Form . The amount will be paid either in American dollars or Euros based on the transaction currency completed by your Customer.
- You are responsible for any tax payment applicable according to your local authorities.
- We will only process commission complaints within 30 days of the transaction report.
- For the purpose of this Agreement, both Parties shall be deemed an independent contractor and shall not be considered a partner, agent, employee, or representative of Itoorer.
- The App operates on a pre-purchase basis. Your Customers are required to pay for the Services before we make the app available to them.
- We do not refund any payments made in advance, except as set out in the terms and conditions accepted by your Customer. Where we offer to provide your Customer with free Services or other special offers, no cash alternative will be given.
- In case your Customer sends us a notification of cancellation of the Services because we are no longer able to provide the Services to your Customer and the inability to provide the Services is unrelated to any action by your Customer, your Customer may request that we provide to them a refund of the proportionate value of the unused Services, and your commission will be impacted to the amount proportionate to the unused Services to your Customer.
Termination of the Service
- This Agreement will be terminated when the agreement between Itoorer and the Partner is terminated or in the event you no longer provide services to the Partner or to Itoorer.
- Once this Agreement is terminated, you will no longer receive commission directly from Itoorer.
This clause sets out the entire financial liability of us to you in respect of:
- the provision of the Services;
- any breach of the Agreement;
- any use made by you of the Services;
- any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the Agreement.
- All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or provision of the Services (i) where such delay or performance failure is due to any of your acts or omissions, where you have provided incorrect data or information; or (ii) network failure, network outage, network congestion, power failures; or (iii) that is caused by events outside our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party) Act of God, war, terrorist activity, malicious damage, compliance with any law or governmental order or default of suppliers or subcontractors.
- We shall have no liability to you for any costs, or charges or penalties incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Services in that country.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If it is established that you are in breach of this warranty, then we shall have the right to immediately terminate the Services and no amount will be payable to you in respect of any unused Services.
- This clause sets out the entire financial liability of us to you in respect of:
Changes to these terms and conditions and the Services
- We reserve the right to change the terms and conditions of this Agreement from time to time and make changes to the Service or any promotion or charges relating to the Services at any time.
- We shall give you notice of any such changes, and you agree that an appropriate publication on the Website is 30 days’ notice.
Governing Law and Legal Compliance
- This Agreement shall be governed by Irish law and shall be subject to the authority of the Irish Courts.
- Despite the governing law provided above, you may be subject to various rules, regulations and laws which may also apply to you in the country in which you use the Services, where you choose your home country to be a country other than Ireland.
- By registering for the Services you acknowledge that your data is transferred and processed in Portugal.
- We do not have access to any of your financial information registered in Paypal or any other payment processor and we are not liable or responsible for any privacy breach of any third parties.
- All licenses not expressly granted in this agreement are reserved and no other licenses, immunity, or rights, express or implied are granted by us, by implication, estoppel, or otherwise. This agreement does not grant you any rights to use any trademarks, logos or service marks belonging to us whatsoever.
- All notices given to you by to us must be in writing to the e-mail address you registered in your Travel Advisor Registration Form A set out in these terms and conditions.
- Failure to enforce any of our rights under these terms and conditions does not result in a waiver of that right.
- We reserve the right to assign rights and duties contained in these terms and conditions to a third party.
- If any provision of these terms and conditions are found to be unenforceable, all other conditions shall remain unaffected.
- These terms and conditions and any documents expressly referred to in them or provided to you at the time of taking out or accepting the Services, represent the entire agreement between us and you in relation to the subject matter of any contract entered into for the Services. We are required to advise you that contracts may be concluded in English only and that no public filing requirements apply.
- Itoorer IE Limited incorporated in Ireland with company number 626569 and registered address of Ormond Building, 31-36 Ormond Quay Upper, Dublin 7, D07 N5YH, Ireland.
- You acknowledge that Itoorer is allowed to transfer this agreement to a third party without your consent and the terms will remain the same. In case the transfer happens, you will be notified.
- By registering and using the Services you acknowledge that you have read these terms and conditions and understand them and agree to be bound by them.