TOPTRIP is a program of benefits organized and implemented by TOPTRIP.

Through this program, we seek to allow certain qualified customers to be eligible for the Program, to have access to discounts or benefits in participating store/business.Territorial validity: worldwide.

For that purpose, beneficiaries are allowed to associate to TOPTRIP granting the right to receive their pertaining TOPTRIP code, which allows them to access to the benefits granted by different participating stores and businesses which participate in the program of benefits, according to the present terms and conditions, and the ones that may be incorporated in the future (hereinafter, “Terms and Conditions”). The TOPTRIP code of each user will be detailed on its pertaining TOPTRIP card, in the TOPTRIP application for cell phones to be downloaded by the user in his cell phone, and in the TOPTRIP e-voucher to be downloaded by the user from Internet.

1) DEFINITIONS

2) HOW STORES/BUSINESSES JOIN THE PROGRAM

2.1.Stores/Business intending to join the program, must fill up a form available at www.toptrip.com(the “Website”) and register with a User name and Password. The Organizer shall complete such application (the "Subscription")

2.2.Within a reasonable term since the Subscription has been filled up, Organizer, at its sole discretion, shall determine whether it will accept or not the Subscription.

2.3.Should Subscription is accepted, the Store/Business will be able to access the platform to:

2.3.1. include or modify discounts and promotions that will be viewed by members,

2.3.2. validate TOPTRIP codes for members,

2.3.3. view TOPTRIP's members transactions at their Stores/Businesses,

2.3.4. change the contact data of the Store/Business and/or the branches thereof.

2.4.Subscription rejection shall not entitle applicant to any claim whatsoever, nor should it be notified or communicated by any means.

2.5.Joining the Program is completely free for the participating store/business. Participating Store/Business must provide discounts and/or benefits to members for a 12 month term period.

 

3) PROGRAM’S BENEFITS

3.1.Cardholder member who has accessed to the TOPTRIP code will enjoy the Program’s Benefits that can be viewed in the Website.

3.2.Promotions and/or discounts in services or products shall be valid on the list prices of each Business and will have the scope and limits set forth by them.

3.3.Program benefits are not cumulative to other promotions.

4) TOPTRIP CODES

4.1. Characteristics of TOPTRIP Codes:

  1. They are for the identification and validation of Members in points of sale. The TOPTRIP code of each user will be detailed on its pertaining TOPTRIP card, in the TOPTRIP application for cell phones to be downloaded by the user in his cell phone, and in the TOPTRIP e-voucher to be downloaded by the user from Internet.
  2. They allow the registration of the use of benefits by the Member when purchasing or hiring at such Businesses.
  3. They are personal and nontransferable and they can only be used by the person to whom they were issued.
  4. d) They have a due date, so they will be valid during the term of membership.
  5. They have only the purpose stated in the Program and they are neither credit, purchase or debit cards, nor they can be used as a payment method.

4.2. Irregular Codes. Codes shall be considered irregularly obtained when they have been obtained by any means or procedure not authorized by the Organizer. These codes will remain out of the Program and they will not enjoy the Benefits that the Program grants to authorized codes, reserving the Organizer the right to initiate the legal actions that may correspond against any person trying to make a fraudulent or wrongful use of a code, either acting in his own benefit or for the benefit of a third person, or even if that person has only damaged third parties.

4.3. Access to Benefits. The Member may access to the Benefits by showing the code (card or mobile application or e-voucher) at the moment of purchasing and/or hiring a service at Participating Store/Businesses, together with the National Identity Document. Then, the code will be validated at such Businesses through a web application. Then, the code will be validated at those Stores/Business by means of a Website application. Code validation by participating Stores/Businesses is compulsory.

4.4. Code display time. The codemust be displayed at Participating Store/Business before the issuance of the relevant invoice for the purchase or hire involved.

5) BENEFITS

5.1. By adhering to the program, Members and individuals responsible for the Stores/Businesses expressly agree that the Benefits will be exclusively granted to the Member by the Participating Stores/Businesses, at the time of acquiring a product or hiring a service at the Store/Business in question.

5.2.Benefits can be gifts, different discounts, promotional prices or promotions in the acquisition of products or hire of services, sold or provided by the Participating Stores/Businesses, which will be opportunely informed to the Members on the Web site and by any other means that the Organizer may deem appropriate.

5.3.Benefits will be subject to availability and will have an effective date to be determined in each case. In some cases, a limit in time and/or available quantity to use the Benefit by the Members will be established, by letting them know stock and time available, as the case may be.

5.4.Under no circumstances shall exchanging Benefits for cash and/or other products or services be permitted, unless prior express authorization has been given by the Store/Business, or the Organizer.

6) LIABILITY:

6.1.The Organizer shall not be liable for:

7) COMMUNICATIONS:

7.1.Stores/Business expressly agree to receive from Organizer information that might be of their interest. Such information may be sent by regular mail and/or email and/or telephone and/or SMS to the addresses and numbers recorded at the database.

7.2.The Store/Business may revoke such authorization by entering at www.toptrip.comand/or sending an e-mail to info@toptrip.com

8) SUBSCRIPTION EXPIRATION: PROGRAM TERMINATION

8.1.The Organizer may terminate, at any time, the memberships and participations of different Stores/Businesses and their Benefits, without cause or prior notice. Such being the case, the Organizer will repay to the Members the partial amount paid for the annual TOPTRIP code, equivalent to the non-used term as a consequence of the program termination.

8.2.Moreover, the Organizer may terminate the Program, at any time, by noticing such decision within at least ten (10) days prior to the termination date by sending an e-mail and/or by sending a notice to the address declared by the Cardholder when joining the Program and/or to the address subsequently modified and/or by any other mass-media and/or by notices in the Website.

9) RIGHT TO INFORMATION:

9.1.Stores/Business, as bearers of the personal information contained in Program database, have the right to request and obtain their information, at the website. In that case, the Organizer will give the requested information within ten consecutive days as from such written request. Such right to access can only be exercised within intervals of at least six months, unless a legal interest is proved.

10) AMENDMENTS TO THE GENERAL CONDITIONS

10.1.At any time, the Organizer may change these Terms and Conditions and/or the name of the Program and/or its logo, and/or the Benefits included in the Program and/or the conditions to access to the Benefits and/or their validity, as well as adhesion conditions and characteristics of Participating Stores/Businesses. Such amendments can be reported to the Store/Business by any mass-media, at the Website or by any other public media, at the Organizer’s choice.

11) PARTICIPATING STORES/BUSINESSES LIABILITY

11.1.Participating Stores/Businesses shall be exclusively responsible for the true grant, in due time and manner, of the Benefits, releasing the Organizer of any claim whatsoever that may arise, as well as of any issue related to the quality of the services and/or products.

11.2.Brands, logos and photos of Participating Stores/Businesses, its products and services, are exclusively provided by each Store/Business, acknowledging that the Organizer is not responsible for the content, authenticity or accuracy of such information. When joining the Program, Stores/Businesses' Owners irrevocably assume the commitments and responsibilities related to them, holding the Organizer and its Companies harmless from any related aspect.

11.3.The Organizer shall not be liable for any damage caused to the Member that may emerge as a consequence of the grant and/or use of the Benefits, a responsibility that is directly and exclusively assumed by Participating Stores/Businesses that render the service or market the product, as the case may be.

11.4.In this sense, at the moment of adhering the Program, the Member and/or any person acting on his/her behalf irrevocably waives his/her right to claim to the Organizer any kind of damages or loss of earnings resulting from the Program.

12) STATEMENTS OF PARTICIPATING STORES/BUSINESSES.

12.1.Participating Stores/Businesses do not have the expressed or implied power to act as an agent of the Organizer, either to make statements or offer warranties on behalf of the Organizer or the Program, being the Stores/Businesses the exclusive and sole responsible ones for the statements or warranties made to Members.

13) NOTICE

13.1.Any notice given by the Organizer to a Store/Business shall be considered duly served if it was sent to the e-mail reported by the customer or if it was given by a mass-media, being any proof of such notice sufficient evidence thereof.

14) LEGAL AUTHORITY OF THE ORGANIZER

14.1. Any issue emerging between the Member and/or Participating Stores/Businesses must be definitely and finally settled by the Organizer.

15) ACCEPTANCE OF THESE TERMS AND CONDITIONS

15.1. Subscription to the Program implies the absolute acceptance of these General Terms and Conditions by the Subscriber, which are deemed known by him. The Organizer may make any change he deems necessary to these Terms and Conditions, being such Terms and Conditions considered accepted once they were posted on the Website.

16) DOMICILE. ARBITRATION CLAUSE

16.1.For any Program purposes, the Organizers sets his address at Joaquín Requena 1580, Montevideo.

16.2.The Stores/Businesses and the Organizer agree to settle any dispute related to the Program, which has not been resolved according to the provisions of item 14 or which, at the Organizer’s discretion, exceeds such scope, submitting it to the General Court of Arbitration of the Member’s country, which will be solved under the applicable rules of mediation and, alternatively, of arbitration, waiving any other jurisdiction that may correspond.