Pagoda Travel Legal Center
**Last Updated: October 28, 2025**
Welcome to Pagoda Travel's Legal Center. By creating an account, accessing, or using our platform and services ("Services"), you agree to be legally bound by these Terms & Conditions, Privacy Policy, and Mutual Non-Disclosure Agreement (collectively, "Agreement"). Please read this Agreement carefully. **If you do not agree to all provisions herein, you may not access or use our Services.**
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## 1. ACCEPTANCE OF TERMS
By clicking "I Agree," creating an account, or accessing any part of the Pagoda Travel platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement constitutes a legally binding contract between you (individually or on behalf of an entity) and Pagoda Travel.
**If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement.**
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## 2. DEFINITIONS
- **"Platform"** means the Pagoda Travel website, mobile applications, and all related technology and services.
- **"Services"** means all features, tools, content, and functionality provided through the Platform, including but not limited to the Tour Library, job board, itinerary builder, communication tools, and payment processing.
- **"User," "You," or "Your"** means any individual or entity accessing or using the Services, including travel agents, tour guides, operators, DMCs, and host agencies.
- **"Service Provider"** means tour guides, operators, DMCs, and travel agents who offer or facilitate travel services through the Platform.
- **"Client"** means end travelers or entities booking travel services through Service Providers on the Platform.
- **"Content"** means all information, data, text, photographs, graphics, videos, tour descriptions, itineraries, pricing, and other materials uploaded, posted, or transmitted through the Platform.
- **"Confidential Information"** means any non-public information disclosed by one party to another through the Platform, including but not limited to business strategies, supplier relationships, pricing structures, client information, proprietary processes, and trade secrets.
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## 3. PLATFORM NATURE & THIRD-PARTY RESPONSIBILITY
### 3.1 Marketplace Facilitator
Pagoda Travel operates as a **neutral marketplace facilitator** connecting Service Providers with each other and with Clients. We do not:
- Provide, operate, or deliver travel services ourselves
- Employ, supervise, or control Service Providers
- Guarantee the quality, safety, legality, or accuracy of any services, Content, or information provided by third parties
- Act as an agent, representative, or guarantor for any User
### 3.2 Third-Party Services & Information
- All service agreements, bookings, payments, cancellations, refunds, and liabilities are **solely between Service Providers and Clients or between Service Providers themselves**.
- The Platform may display information, tour descriptions, pricing, availability, photographs, and other Content provided by Service Providers or third parties.
- **Pagoda Travel does not verify, endorse, guarantee, or assume responsibility for the accuracy, completeness, reliability, safety, legality, or quality of any third-party Content, services, or information.**
- Service Providers are solely responsible for ensuring their Content is accurate, current, and complies with all applicable laws.
### 3.3 User Reliance & Risk
**Any reliance on third-party Content, information, pricing, services, or representations is entirely at your own risk.** Pagoda Travel expressly disclaims all liability for:
- Errors, omissions, misrepresentations, or discrepancies in third-party Content
- Changes to pricing, availability, or service details after publication
- Service Provider conduct, performance, quality, safety, or legality
- Disputes between Users or between Users and Clients
### 3.4 Peer-Vetting Disclaimer
While Pagoda Travel employs a peer-vetting system where Service Providers are invited by other professional Users, **this does not constitute an endorsement, guarantee, or warranty of quality, reliability, or safety.** Peer invitations reflect individual professional opinions and experiences, which may not be indicative of future performance. Users remain solely responsible for their own due diligence when selecting Service Providers.
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## 4. USER ELIGIBILITY & ACCOUNT REGISTRATION
### 4.1 Eligibility Requirements
To use the Services, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Services under any applicable laws
- Not have been previously suspended or banned from the Platform
### 4.2 Account Registration
When creating an account, you agree to:
- Provide accurate, complete, and current information
- Maintain and promptly update your account information
- Keep your login credentials confidential and secure
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities that occur under your account
### 4.3 Account Suspension & Termination
Pagoda Travel reserves the right to suspend, restrict, or terminate your account at any time, with or without notice, for:
- Violation of this Agreement or any applicable laws
- Fraudulent, deceptive, or harmful conduct
- Provision of false or misleading information
- Abuse of the Platform or other Users
- Non-payment of fees or chargebacks
- Any reason at our sole discretion
You may terminate your account at any time by contacting hello@pagoda.travel. Termination does not relieve you of obligations incurred prior to termination.
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## 5. USER RESPONSIBILITIES & PROHIBITED CONDUCT
### 5.1 Professional Conduct
All Users agree to:
- Act professionally, ethically, and in good faith
- Comply with all applicable local, national, and international laws, regulations, and industry standards
- Respect cultural norms, customs, and sensitivities
- Maintain honesty, transparency, and integrity in all communications and transactions
- Provide services and information accurately and without misrepresentation
- Honor commitments, agreements, and bookings made through the Platform
- Respond promptly to inquiries, messages, and booking requests
### 5.2 Prohibited Conduct
You may not:
- Use the Platform for any illegal, fraudulent, deceptive, or harmful purpose
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity
- Upload, post, or transmit false, misleading, defamatory, obscene, harassing, threatening, or otherwise objectionable Content
- Interfere with, disrupt, or attempt to gain unauthorized access to the Platform or its systems
- Use automated scripts, bots, scrapers, or other tools to access, extract, or harvest data from the Platform without written permission
- Circumvent or attempt to circumvent any security measures, access controls, or usage limits
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform
- Engage in any activity that imposes an unreasonable burden on our infrastructure
- Solicit, advertise, or promote competing services or platforms to other Users
- Contact other Users outside the Platform for the purpose of circumventing fees or policies (see Section 6.5)
- Upload or transmit viruses, malware, or any harmful code
- Violate the intellectual property rights, privacy rights, or other rights of any third party
- Engage in discrimination, harassment, or hate speech based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
### 5.3 Service Provider Responsibilities
Service Providers additionally agree to:
- Obtain and maintain all necessary licenses, permits, certifications, and insurance required to provide their services
- Comply with all applicable safety, health, environmental, and consumer protection regulations
- Provide services with reasonable care, skill, and professionalism
- Accurately describe services, pricing, inclusions, exclusions, and terms
- Honor published pricing and availability (subject to reasonable force majeure exceptions)
- Maintain appropriate liability insurance coverage
- Comply with all tax obligations and remit applicable taxes
- Not engage in price fixing, bid rigging, or other anti-competitive practices
### 5.4 Travel Agent Responsibilities
Travel agents additionally agree to:
- Accurately represent their credentials, affiliations, and experience
- Provide Clients with complete and accurate information about services, pricing, and terms
- Obtain appropriate professional liability insurance (errors & omissions coverage)
- Comply with all consumer protection laws and regulations
- Honor refund and cancellation policies as agreed with Clients
- Not misrepresent or misappropriate Service Provider offerings as their own
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## 6. FEES, PAYMENTS & FINANCIAL TERMS
### 6.1 Service Tiers
Pagoda Travel offers multiple service tiers:
- **Pagoda Foundation:** Free access to Japan Tour Library and basic features
- **Pagoda Pro (Travel Agents):** $99/month, which enables you to invite global supplier and partners
- **Pagoda Explorer (Guides/Operators):** $99/month for Tour Library uploads, job board access and the ability to invite other local guides/operators in other destinations
- **Host Agency Partnerships:** Custom pricing with revenue share arrangements
- **White-Label Services:** Custom pricing for branded solutions
Fees are subject to change with 30 days' advance notice.
### 6.2 Payment Terms
- All fees are charged in advance on a monthly or annual basis as selected during subscription
- Payments are processed through third-party payment processor (Airwallex)
- You authorize Pagoda Travel to charge your designated payment method for all fees
- Failed payments may result in immediate suspension of Services
- All fees are non-refundable except as expressly stated in this Agreement or required by law
### 6.3 Transaction Fees & Revenue Share
- Pagoda Travel charges transaction fees on bookings facilitated through the Platform (currently 3.9%)
- Host agency partners receive revenue share on agent subscriptions as specified in separate partnership agreements
- All fees, commissions, and payment arrangements between Service Providers and Clients are determined/managed by Pagoda Travel
### 6.4 Taxes
You are responsible for all applicable taxes, duties, tariffs, and government-imposed fees related to your use of the Services or transactions conducted through the Platform. If Pagoda Travel is required to collect or remit taxes on your behalf, such amounts will be added to your invoice.
### 6.5 Platform Circumvention Prohibited
**Users may not circumvent the Platform to avoid fees or policies.** Specifically, you may not:
- Arrange bookings, payments, or services outside the Platform after initial contact through the Platform
- Share contact information with the intent to bypass Platform fees
- Use Platform communications to solicit direct bookings
- Encourage or facilitate other Users to circumvent the Platform
Violation of this provision may result in immediate account termination, forfeiture of unpaid amounts, and legal action to recover damages and fees.
### 6.6 Refunds & Cancellations
- Subscription fees are non-refundable
- Service bookings are subject to individual Service Provider cancellation and refund policies
- Pagoda Travel is not responsible for refunds, cancellations, or disputes between Service Providers and Clients
- Users may cancel subscriptions at any time, but no partial refunds will be issued for unused subscription periods
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## 7. INTELLECTUAL PROPERTY RIGHTS
### 7.1 Pagoda Travel Intellectual Property
All intellectual property rights in the Platform, Services, technology, software, algorithms, user interface, design, branding, trademarks, logos, and proprietary materials are owned by or licensed to Pagoda Travel. This includes but is not limited to:
- Platform source code and architecture
- Algorithms and data processing methods
- Visual design and user interface elements
- Pagoda Travel name, logo, and trademarks
- Documentation, tutorials, and support materials
### 7.2 Limited License to Users
Subject to your compliance with this Agreement, Pagoda Travel grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not include any right to:
- Reproduce, modify, adapt, translate, or create derivative works
- Distribute, sublicense, rent, lease, or sell access to the Services
- Reverse engineer, decompile, or disassemble any part of the Platform
- Remove, alter, or obscure any proprietary notices
- Use the Services for any commercial purpose outside of their intended functionality
### 7.3 User-Generated Content
When you upload, post, or transmit Content to the Platform, you:
- Retain ownership of your Content
- Grant Pagoda Travel a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and perform your Content in connection with operating, promoting, and improving the Services
- Represent and warrant that you have all necessary rights to grant this license and that your Content does not infringe any third-party rights
- Acknowledge that other Users may view, access, and use your Content as intended by the Platform's functionality
### 7.4 Feedback & Suggestions
If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Pagoda Travel an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, incorporate, and exploit such Feedback without compensation or attribution.
### 7.5 Copyright Infringement Claims
If you believe any Content on the Platform infringes your copyright, contact us at hello@pagoda.travel with:
- Description of the copyrighted work
- Location of the allegedly infringing material
- Your contact information
- A statement of good faith belief that use is unauthorized
- A statement that the information is accurate and you are authorized to act
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## 8. PRIVACY POLICY
### 8.1 Information We Collect
**Account Information:** Name, email address, phone number, business name, professional credentials, payment information, profile photo, and other information you provide during registration.
**Usage Data:** IP address, browser type, device information, pages visited, features used, time spent on the Platform, referral sources, and other analytics data.
**Communications:** Messages, inquiries, support requests, and other communications through the Platform.
**Transaction Data:** Booking details, payment information, invoices, itineraries, and other transaction-related data.
**Content:** Tour descriptions, itineraries, photographs, pricing, reviews, ratings, and other Content you upload or post.
**Cookies & Tracking Technologies:** We use cookies, web beacons, and similar technologies to track user activity and preferences. You can control cookie settings through your browser.
### 8.2 How We Use Your Information
We use collected information to:
- Provide, operate, maintain, and improve the Services
- Process transactions and send related information
- Facilitate communication between Users
- Provide customer support and respond to inquiries
- Send administrative messages, updates, and notifications
- Analyze usage patterns and conduct research to improve user experience
- Detect, prevent, and address fraud, security issues, and technical problems
- Comply with legal obligations and enforce this Agreement
- Market our Services (with your consent where required)
### 8.3 Information Sharing & Disclosure
We may share your information:
- **With Other Users:** Your profile information and Content are visible to other Users as necessary for Platform functionality
- **With Service Providers:** Third-party vendors who perform services on our behalf (payment processing, hosting, analytics, customer support)
- **For Business Transfers:** In connection with mergers, acquisitions, or asset sales
- **For Legal Compliance:** When required by law, legal process, or to protect rights, safety, or property
- **With Your Consent:** When you authorize us to share information with third parties
**We do not sell your personal information to third parties.**
### 8.4 Data Security
We implement reasonable technical, administrative, and physical security measures to protect your information. However, **no method of transmission or storage is 100% secure.** We cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your login credentials.
### 8.5 Data Retention
We retain your information for as long as your account is active or as necessary to provide Services, comply with legal obligations, resolve disputes, and enforce this Agreement. You may request deletion of your account by contacting hello@pagoda.travel, though some information may be retained as required by law or legitimate business purposes.
### 8.6 Your Privacy Rights
Depending on your jurisdiction, you may have rights to:
- Access, correct, or delete your personal information
- Object to or restrict certain processing activities
- Data portability
- Withdraw consent (where processing is based on consent)
- Lodge complaints with supervisory authorities
To exercise these rights, contact hello@pagoda.travel.
### 8.7 International Data Transfers
Your information may be transferred to and processed in countries other than your country of residence. By using the Services, you consent to such transfers. We take reasonable measures to ensure your information receives adequate protection in accordance with this Privacy Policy.
### 8.8 Children's Privacy
The Services are not intended for individuals under 18 years of age. We do not knowingly collect personal information from children. If we become aware that we have collected information from a child, we will take steps to delete it.
### 8.9 Third-Party Links
The Platform may contain links to third-party websites or services. We are not responsible for the privacy practices or content of such third parties. We encourage you to review their privacy policies.
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## 9. MUTUAL NON-DISCLOSURE AGREEMENT (MNDA)
### 9.1 Confidential Information Definition
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to another party ("Receiving Party") through the Platform, including but not limited to:
- Business strategies, plans, and financial information
- Supplier relationships, pricing structures, and commission arrangements
- Client information, including names, contact details, travel preferences, and booking histories
- Proprietary processes, methodologies, and trade secrets
- Tour itineraries, pricing, and intellectual property
- Technical information, algorithms, and platform functionality
- Marketing strategies and competitive intelligence
- Any information marked as "Confidential" or reasonably understood to be confidential
Confidential Information does not include information that:
- Is or becomes publicly available through no breach of this Agreement
- Was rightfully known to the Receiving Party prior to disclosure
- Is independently developed by the Receiving Party without use of Confidential Information
- Is rightfully obtained from a third party without breach of confidentiality obligations
### 9.2 Confidentiality Obligations
Each party agrees to:
- Hold all Confidential Information in strict confidence
- Not disclose Confidential Information to any third party without prior written consent
- Use Confidential Information solely for the purpose of using the Services and fulfilling obligations under this Agreement
- Protect Confidential Information with the same degree of care used to protect its own confidential information, but in no case less than reasonable care
- Limit access to Confidential Information to employees, contractors, or agents who have a legitimate need to know and are bound by confidentiality obligations
### 9.3 Permitted Disclosures
Confidential Information may be disclosed if:
- Required by law, court order, or governmental authority (with prompt notice to the Disclosing Party where legally permissible)
- Necessary to enforce rights under this Agreement
- Authorized in writing by the Disclosing Party
### 9.4 Client Information Protection
**Service Providers specifically agree:**
- Client information obtained through the Platform is the property of the travel agent who engaged the Service Provider
- Service Providers may not use Client information for marketing, solicitation, or any purpose other than fulfilling the specific booking
- Service Providers may not contact Clients directly without explicit permission from the engaging travel agent
- Service Providers may not attempt to circumvent the travel agent to book Clients directly
**Travel Agents specifically agree:**
- Supplier contact information, pricing structures, and proprietary tour content are confidential
- Travel agents may not share supplier information with third parties outside the Platform without permission
- Travel agents may not misrepresent supplier offerings as their own proprietary products
### 9.5 Return or Destruction of Confidential Information
Upon termination of this Agreement or upon request by the Disclosing Party, the Receiving Party shall promptly:
- Return or destroy all Confidential Information in any form
- Certify in writing that all Confidential Information has been returned or destroyed
- Retain Confidential Information only to the extent required by law or legitimate business purposes
### 9.6 Irreparable Harm & Equitable Relief
The parties acknowledge that breach of confidentiality obligations may cause irreparable harm for which monetary damages are inadequate. Accordingly, the Disclosing Party shall be entitled to seek equitable relief, including injunction and specific performance, without posting bond, in addition to all other remedies available at law or in equity.
### 9.7 Survival
The confidentiality obligations under this Section shall survive termination of this Agreement for a period of **five (5) years**, except for trade secrets which shall remain confidential indefinitely or until they lose trade secret status through no breach by the Receiving Party.
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## 10. LIMITATION OF LIABILITY & DISCLAIMERS
### 10.1 Services Provided "As Is"
**THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.**
Pagoda Travel does not warrant that:
- The Services will be uninterrupted, secure, error-free, or virus-free
- The results obtained from using the Services will be accurate or reliable
- Any errors or defects will be corrected
- The Services will meet your specific requirements or expectations
### 10.2 Third-Party Services Disclaimer
**PAGODA TRAVEL EXPRESSLY DISCLAIMS ALL LIABILITY FOR:**
- The conduct, performance, quality, safety, legality, or reliability of Service Providers
- Errors, omissions, misrepresentations, or discrepancies in third-party Content, information, pricing, or availability
- Disputes, claims, losses, injuries, damages, or any harm arising from interactions with Service Providers or Clients
- Travel and or guide services, accommodations, transportation, activities, or experiences provided by third parties
- Force majeure events, including natural disasters, political instability, pandemics, terrorism, or other events beyond our control
### 10.3 Limitation of Liability
**TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAGODA TRAVEL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:**
- **Indirect, incidental, special, consequential, punitive, or exemplary damages**, including but not limited to:
- Lost profits or revenue
- Loss of business opportunities
- Loss of data or information
- Loss of goodwill or reputation
- Business interruption
- Personal injury or property damage
- Emotional distress
- **Any damages arising from:**
- Your use of or inability to use the Services
- Reliance on any Content, information, or services obtained through the Platform
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Platform
- Service Provider conduct, negligence, or breach of contract
- Errors, omissions, or inaccuracies in Content
- Technical failures, downtime, or service interruptions
**PAGODA TRAVEL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO PAGODA TRAVEL IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.**
### 10.4 Geographic Limitations
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you. In such cases, Pagoda Travel's liability shall be limited to the maximum extent permitted by law.
### 10.5 Basis of the Bargain
You acknowledge and agree that these limitations of liability are fundamental elements of the basis of the bargain between you and Pagoda Travel, and that Pagoda Travel would not provide the Services without these limitations.
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## 11. INDEMNIFICATION
### 11.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Pagoda Travel, its parent, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and judgments arising out of or related to:
- Your use or misuse of the Services
- Your violation of this Agreement or any applicable laws, regulations, or third-party rights
- Your Content or any information you provide
- Your interactions, disputes, or transactions with other Users or Clients
- Any services you provide or receive through the Platform
- Your reliance on third-party Content, information, or services
- Any negligence, willful misconduct, fraud, or breach of contract on your part
- Any claims by Clients or third parties arising from your services or conduct
- Your violation of confidentiality obligations under this Agreement
### 11.2 Service Provider Additional Indemnification
Service Providers additionally agree to indemnify Indemnified Parties against any claims arising from:
- Service delivery failures, negligence, or breach of contract with Clients
- Injuries, accidents, deaths, or property damage occurring during services
- Failure to maintain required licenses, permits, insurance, or certifications
- Violation of safety, health, environmental, or consumer protection regulations
- Misrepresentation of services, qualifications, or credentials
### 11.3 Defense & Settlement
Pagoda Travel reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense. You may not settle any claim without Pagoda Travel's prior written consent. Your indemnification obligations survive termination of this Agreement.
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## 12. DISPUTE RESOLUTION
### 12.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact Pagoda Travel at hello@pagoda.travel and attempt to resolve the dispute informally for at least 30 days. Provide a detailed description of the dispute and your proposed resolution.
### 12.2 Governing Law
This Agreement and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of **Hong Kong**, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
### 12.3 Jurisdiction & Venue
You irrevocably agree that the courts of Hong Kong shall have **exclusive jurisdiction** to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter. You irrevocably waive any objection to the venue of such courts or that such courts are an inconvenient forum.
### 12.4 Disputes Between Users
Pagoda Travel is not a party to disputes between Users or between Users and Clients. Any such disputes are solely between the involved parties. While we may facilitate communication and provide dispute resolution support at our discretion, we are not obligated to mediate or resolve such disputes and assume no liability for their outcomes.
### 12.5 Class Action Waiver
**TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.** You waive your right to participate as a class member in any purported class action, class arbitration, or representative proceeding.
### 12.6 Time Limitation
Any claim or cause of action arising out of or related to this Agreement or the Services must be filed within **one (1) year** after the claim or cause of action arose, or it shall be permanently barred.
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## 13. SUPPORT & CUSTOMER SERVICE
### 13.1 Support Channels
Users may contact Pagoda Travel support via:
- Email: hello@pagoda.travel
- In-app support messaging
- Video calls (by appointment for priority support users)
### 13.2 Response Times
- **Standard support:** We aim to acknowledge inquiries within 24 business hours and investigate issues within 3 business days
- **Priority support** (host agency partners, subscription users): Expedited response within 4 business hours for email, immediate response for live chat during business hours
### 13.3 Scope of Support
Pagoda Travel provides technical support for Platform functionality, account management, and billing inquiries. We do not provide:
- Legal, tax, or compliance advice
- Mediation or resolution of disputes between Users
- Guarantees regarding Service Provider performance or Client satisfaction
- Travel planning, booking, or concierge services
### 13.4 Dispute Facilitation
While Pagoda Travel may facilitate communication between parties in dispute, we remain neutral and are not responsible for dispute outcomes. Users may pursue independent legal action for unresolved disputes.
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## 14. MODIFICATIONS & UPDATES
### 14.1 Changes to Agreement
Pagoda Travel reserves the right to modify, update, or replace any provision of this Agreement at any time, in our sole discretion. Changes are effective immediately upon posting to the Platform unless otherwise specified. Material changes may be communicated via email or prominent notice on the Platform.
**Your continued use of the Services after any modification constitutes acceptance of the updated Agreement.** If you do not agree to the modified terms, you must discontinue use of the Services and close your account.
### 14.2 Changes to Services
Pagoda Travel may modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, including:
- Features, functionality, or tools
- Pricing, fees, or subscription tiers
- Availability in certain geographic regions
- Integration with third-party services
We are not liable for any modification, suspension, or discontinuation of the Services.
### 14.3 Version Control
This Agreement is version-controlled and dated. Previous versions are archived and available upon request. In the event of disputes regarding applicable terms, the version in effect at the time of the disputed action shall govern.
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## 15. TERMINATION
### 15.1 Termination by You
You may terminate your account at any time by:
- Using the account closure feature in your settings
- Contacting hello@pagoda.travel with a termination request
Upon termination, your access to the Services will cease immediately. You remain responsible for all fees and obligations incurred prior to termination.
### 15.2 Termination by Pagoda Travel
Pagoda Travel may suspend, restrict, or terminate your account immediately, with or without notice, for:
- Violation of this Agreement
- Fraudulent, deceptive, illegal, or harmful conduct
- Non-payment of fees or chargebacks
- Abuse of the Platform or other Users
- Security concerns or suspicious activity
- Any reason at our sole discretion
### 15.3 Effect of Termination
Upon termination:
- Your license to use the Services immediately terminates
- You must cease all use of the Platform and Services
- We may delete your account and Content (subject to legal retention requirements)
- All fees and obligations incurred prior to termination remain due
- Provisions of this Agreement that by their nature should survive shall remain in effect, including: Sections 7 (Intellectual Property), 9 (MNDA), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 15 (Termination)
### 15.4 No Refunds
Termination does not entitle you to any refund of fees paid. All fees are non-refundable except as expressly stated in this Agreement or required by law.
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## 16. GENERAL PROVISIONS
### 16.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Pagoda Travel regarding the Services and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
### 16.2 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
### 16.3 Waiver
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision. Pagoda Travel's failure to enforce any right or provision shall not constitute a waiver of such right or provision.
### 16.4 Assignment
You may not assign, transfer, or delegate this Agreement or your rights and obligations without Pagoda Travel's prior written consent. Pagoda Travel may assign this Agreement without restriction, including in connection with mergers, acquisitions, or asset sales. Any attempted assignment in violation of this provision is void.
### 16.5 Relationship of Parties
Nothing in this Agreement creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and Pagoda Travel. You are an independent contractor and have no authority to bind Pagoda Travel.
### 16.6 Third-Party Beneficiaries
This Agreement does not confer any third-party beneficiary rights except as expressly stated herein.
### 16.7 Force Majeure
Pagoda Travel shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
### 16.8 Notices
All notices under this Agreement must be in writing and sent to:
- **Pagoda Travel:** hello@pagoda.travel
- **You:** The email address associated with your account
Notices are deemed given when sent via email with confirmation of delivery.
### 16.9 Language
This Agreement is drafted in English. Any translations are provided for convenience only. In the event of conflicts, the English version shall prevail.
### 16.10 Electronic Signatures
Your acceptance of this Agreement by clicking "I Agree," creating an account, or using the Services constitutes your electronic signature and agreement to be bound by this Agreement with the same force and effect as a written signature.
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## 17. CONTACT INFORMATION
For questions, concerns, or requests regarding this Agreement, contact:
**Pagoda Travel**
Email: hello@pagoda.travel
Attention: Legal Department
**For data protection inquiries:**
Email: hello@pagoda.travel
Subject: Privacy Inquiry
**For copyright infringement claims:**
Email: hello@pagoda.travel
Subject: Copyright Claim
---
## 18. ACKNOWLEDGMENT & CONSENT
**BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:**
✅ You have read and understood this entire Agreement
✅ You agree to be legally bound by all terms and conditions herein
✅ You understand that Pagoda Travel is a marketplace facilitator and does not provide travel services
✅ You accept all risks associated with using the Services and relying on third-party information
✅ You consent to the collection, use, and sharing of your information as described in the Privacy Policy
✅ You agree to maintain the confidentiality of information disclosed through the Platform
✅ You acknowledge the limitations of liability and disclaimers of warranties
✅ You agree to indemnify Pagoda Travel against claims arising from your use of the Services
✅ You consent to the exclusive jurisdiction of Hong Kong courts
✅ You waive your right to participate in class action proceedings
✅ You understand that this Agreement may be modified at any time
✅ You represent that you have the legal authority to enter into this Agreement
**IF YOU DO NOT AGREE TO ALL PROVISIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.**
---
## 19. SPECIAL PROVISIONS FOR SPECIFIC USER TYPES
### 19.1 Travel Agents
Travel agents using the Services additionally acknowledge and agree that:
**Professional Standards:**
- You are responsible for maintaining all licenses, registrations, and certifications required in your jurisdiction
- You will comply with all consumer protection laws, including full disclosure of terms, cancellation policies, and total costs to Clients
- You will maintain appropriate errors and omissions (E&O) insurance coverage
- You will not misrepresent Service Provider offerings as your own proprietary products
- You are solely responsible for your relationship with Clients, including all contractual obligations, refunds, and dispute resolution
**Supplier Relationships:**
- You may invite your trusted suppliers to the Platform, but you remain responsible for ensuring their quality and reliability
- When you vouch for a supplier by inviting them, you acknowledge that your professional reputation is associated with their performance
- You may not share confidential supplier information (contact details, pricing structures, proprietary tour content) with third parties outside the Platform without permission
- You agree to maintain the confidentiality of Client information obtained from other agents through the Platform
**Commission & Markup:**
- You have full discretion to set your markup on services booked through the Platform
- You are responsible for clearly communicating your fees and commission structure to Clients
- You acknowledge that Pagoda Travel may charge a platform transaction fee (currently 3.9%) on bookings
### 19.2 Tour Guides & Operators
Tour guides and operators using the Services additionally acknowledge and agree that:
**Licensing & Compliance:**
- You are solely responsible for obtaining and maintaining all licenses, permits, certifications, and insurance required to operate legally in your jurisdiction
- You will comply with all applicable safety, health, environmental, labor, and consumer protection regulations
- You will maintain comprehensive general liability insurance and, where applicable, vehicle insurance, professional liability insurance, and workers' compensation insurance
- You will ensure all staff, subcontractors, and partners meet the same licensing and insurance requirements
**Service Delivery:**
- You are solely responsible for the quality, safety, and legality of all services you provide
- Tour descriptions, itineraries, pricing, and other Content you upload must be accurate, current, and complete
- You will honor all bookings, pricing, and availability you publish on the Platform (subject to force majeure exceptions)
- You acknowledge that failure to deliver services as described may result in account suspension or termination
- You are responsible for managing all aspects of service delivery, including logistics, accommodations, transportation, activities, and client communications
**Tour Library Content:**
- When you upload tours to the Tour Library, you represent and warrant that:
- You own or have rights to all Content (descriptions, photographs, itineraries)
- Your Content does not infringe any third-party intellectual property rights
- All information is accurate and not misleading
- You grant other Users the right to view, access, and book your tours as intended by the Platform
- You may not upload Content that contains malicious code, viruses, or links to competing platforms
**Client Relationships:**
- Client information obtained through the Platform is confidential and may only be used for fulfilling the specific booking
- You may not use Client information for marketing, solicitation, or any purpose beyond the contracted services without explicit permission from the booking agent
- You may not contact Clients directly to circumvent the booking agent or Platform fees
- You acknowledge that the travel agent who booked your services maintains the primary Client relationship
**Peer Invitations:**
- You may invite other guides and operators to join the Platform, creating a network for multi-destination itineraries
- When you vouch for another professional, you acknowledge that your reputation is associated with their performance
- You agree to coordinate professionally with invited partners and share relevant information necessary for seamless client experiences
### 19.3 Destination Management Companies (DMCs)
DMCs using the Services additionally acknowledge and agree that:
**Organizational Requirements:**
- You represent a legally registered business entity with appropriate corporate structure
- You maintain comprehensive insurance coverage including general liability, professional liability, and where applicable, vehicle and workers' compensation insurance
- You employ or contract qualified, licensed personnel for all service delivery
- You comply with all applicable business licensing, tax registration, and regulatory requirements
**Multi-Service Coordination:**
- You are responsible for coordinating multiple services, suppliers, and logistics across complex itineraries
- You will maintain professional relationships with subcontracted guides, drivers, hotels, and activity providers
- You acknowledge sole responsibility for the performance of all subcontractors and partners you engage
- You will maintain backup plans and contingency arrangements for service disruptions
**Pricing & Transparency:**
- You will provide clear, itemized pricing that distinguishes between your services and third-party costs
- You will disclose all fees, commissions, and charges to booking agents
- You acknowledge that agents maintain the right to markup your services when presenting to Clients
### 19.4 Host Travel Agencies
Host agencies entering into partnership agreements additionally acknowledge and agree that:
**Partnership Terms:**
- Host agency partnerships are governed by separate partnership agreements that supplement this Agreement
- Revenue share percentages, support commitments, and partnership terms are specified in individual partnership contracts
- Host agencies receive a master dashboard with visibility into affiliated agent activities, subject to privacy and data protection laws
**Agent Management:**
- You are responsible for managing your affiliated agents' use of the Platform
- You will ensure your agents comply with this Agreement and maintain professional standards
- You have the ability to manage, edit, and terminate affiliated agent accounts
- You acknowledge that agent misconduct may reflect on your agency's reputation within the network
**Network Contribution:**
- You understand that the value of the Platform grows through your agents' contribution of supplier relationships
- Suppliers invited by your agents become part of the broader network, accessible to other Users
- You acknowledge that institutional knowledge built through your agents' supplier invitations strengthens your organization's competitive position
- You agree to encourage your agents to contribute quality suppliers and maintain network standards
**Bulk Onboarding:**
- You will cooperate with Pagoda Travel during the onboarding process to ensure smooth agent adoption
- You acknowledge the 4-6 week onboarding timeline and agree to facilitate training and implementation
- You will designate internal champions to promote adoption and provide peer support
**Renewal & Termination:**
- Partnership terms, including renewal conditions and termination provisions, are specified in separate partnership agreements
- Upon termination of the partnership, your master dashboard access will be revoked, but individual agents may continue using the Platform independently (subject to their continued compliance and subscription)
- Revenue share payments cease upon partnership termination but do not affect amounts earned prior to termination
---
## 20. COMPLIANCE WITH LAWS
### 20.1 General Compliance
All Users agree to comply with all applicable local, national, and international laws, regulations, and industry standards, including but not limited to:
**Travel & Tourism Regulations:**
- Travel agent registration and licensing requirements
- Tour operator licensing and certification
- DMC and ground handler regulations
- Consumer protection laws and truth-in-advertising standards
- Package travel regulations and traveler protection schemes
**Business & Tax Compliance:**
- Business registration and corporate compliance
- Tax obligations, including sales tax, VAT, GST, and income tax
- Employment laws and labor standards
- Contractor and subcontractor requirements
**Data Protection & Privacy:**
- General Data Protection Regulation (GDPR) for users in the European Union
- California Consumer Privacy Act (CCPA) and similar state privacy laws
- Personal Data (Privacy) Ordinance (Hong Kong)
- Other applicable data protection and privacy regulations
**Anti-Discrimination & Accessibility:**
- Equal opportunity and non-discrimination laws
- Accessibility standards for persons with disabilities
- Fair housing and accommodation laws
**Health & Safety:**
- Occupational health and safety regulations
- Food safety and hygiene standards (for food tours and culinary experiences)
- Transportation safety requirements
- COVID-19 and pandemic-related health protocols
- Emergency preparedness and crisis management
**Environmental Compliance:**
- Environmental protection regulations
- Protected area and heritage site regulations
- Wildlife protection and responsible tourism practices
- Waste management and sustainability standards
**Anti-Money Laundering & Sanctions:**
- Anti-money laundering (AML) regulations
- Know Your Customer (KYC) requirements
- Economic sanctions and export control laws
- Anti-terrorism financing regulations
### 20.2 Prohibited Activities
Users may not use the Services to:
- Engage in or facilitate illegal activities
- Launder money or finance terrorism
- Violate economic sanctions or embargoes
- Traffic in illegal goods or services
- Facilitate human trafficking, child exploitation, or any form of exploitation
- Engage in fraud, bribery, or corruption
- Violate intellectual property rights
- Engage in unfair or deceptive trade practices
### 20.3 Reporting Obligations
Users must immediately report to Pagoda Travel any:
- Suspected illegal activity on the Platform
- Security breaches or data protection incidents
- Serious safety incidents or injuries
- Violations of this Agreement by other Users
### 20.4 Government Requests
Pagoda Travel reserves the right to cooperate with law enforcement, regulatory authorities, and government agencies. We may disclose User information in response to valid legal requests, subpoenas, court orders, or to protect rights, safety, and property.
---
## 21. INSURANCE REQUIREMENTS
### 21.1 Service Provider Insurance
**All Service Providers (guides, operators, DMCs) must maintain:**
**General Liability Insurance:**
- Minimum coverage: USD $250,000 per occurrence / $500,000 aggregate (or equivalent in local currency)
- Coverage for bodily injury, property damage, and personal injury
- Coverage territory must include all locations where services are provided
**Professional Liability Insurance (Errors & Omissions):**
- Minimum coverage: USD $250,000 per claim (or equivalent in local currency)
- Coverage for negligent acts, errors, or omissions in professional services
**Vehicle Insurance (if applicable):**
- Comprehensive commercial vehicle insurance for all vehicles used in service delivery
- Minimum coverage as required by local law, or USD $500,000 per occurrence, whichever is greater
- Coverage for passengers and third parties
**Workers' Compensation Insurance (if applicable):**
- As required by local law for all employees and contractors
**Additional Requirements:**
- Pagoda Travel and its affiliates must be named as additional insureds on general liability policies
- Policies must provide 30 days' advance notice of cancellation or material change
- Certificates of insurance must be provided upon request
- Insurance must be maintained continuously while providing services through the Platform
### 21.2 Travel Agent Insurance
**Travel agents must maintain:**
**Professional Liability Insurance (Errors & Omissions):**
- Minimum coverage: USD $500,000 per claim (or equivalent in local currency)
- Coverage for errors, omissions, and negligent acts in providing travel services
**Optional but Recommended:**
- General liability insurance
- Cyber liability insurance (for data breaches)
- Travel agency bonds or trust accounts (as required by jurisdiction)
### 21.3 Proof of Insurance
- Service Providers must upload proof of insurance to their Platform profile within 30 days of account activation
- Insurance certificates must be kept current and updated upon renewal
- Failure to maintain required insurance may result in account suspension or termination
- Pagoda Travel reserves the right to request updated certificates of insurance at any time
### 21.4 No Insurance Verification
While Pagoda Travel requires Service Providers to maintain insurance, **we do not verify coverage adequacy or validity**. Users are responsible for conducting their own due diligence regarding insurance coverage. Pagoda Travel is not liable for Service Provider insurance failures or inadequacies.
---
## 22. FORCE MAJEURE & EMERGENCY SITUATIONS
### 22.1 Force Majeure Events
Neither party shall be liable for failure to perform obligations under this Agreement due to events beyond reasonable control, including:
- Natural disasters (earthquakes, floods, hurricanes, tsunamis, wildfires)
- Pandemics, epidemics, and public health emergencies
- War, terrorism, civil unrest, or armed conflict
- Government actions, including travel bans, border closures, quarantines, and emergency orders
- Strikes, labor disputes, or work stoppages
- Infrastructure failures (power outages, telecommunications failures, internet disruptions)
- Acts of God or other unforeseeable circumstances
### 22.2 Service Provider Obligations
In the event of force majeure affecting service delivery, Service Providers must:
- Immediately notify affected agents and Pagoda Travel
- Make reasonable efforts to provide alternative arrangements or solutions
- Communicate transparently about refund and cancellation policies
- Provide documentation supporting the force majeure claim if requested
### 22.3 Platform Availability
Pagoda Travel will make commercially reasonable efforts to maintain Platform availability but is not liable for:
- Scheduled maintenance and updates
- Unscheduled downtime due to technical failures
- Service disruptions caused by force majeure events
- Third-party service failures (hosting, payment processing, communications)
### 22.4 Emergency Contact
In case of emergency situations affecting services or traveler safety, contact:
- **Immediate Support:** hello@pagoda.travel with subject line "URGENT - Emergency"
- **For life-threatening emergencies:** Contact local emergency services (for Japan 110, or local equivalent) first, then notify Pagoda Travel
---
## 23. ACCESSIBILITY COMMITMENT
### 23.1 Platform Accessibility
Pagoda Travel is committed to making the Platform accessible to users with disabilities. We strive to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
### 23.2 Accessibility Accommodations
If you encounter accessibility barriers or require accommodations, contact hello@pagoda.travel with subject line "Accessibility Request." We will work with you to provide reasonable accommodations.
### 23.3 Service Provider Accessibility
Service Providers are encouraged to:
- Clearly disclose accessibility features and limitations of tours and services
- Provide accurate information about physical requirements and mobility considerations
- Make reasonable accommodations for travelers with disabilities where feasible
- Comply with all applicable accessibility and anti-discrimination laws
---
## 24. SUSTAINABILITY & RESPONSIBLE TOURISM
### 24.1 Commitment to Responsible Tourism
Pagoda Travel encourages all Users to adopt sustainable and responsible tourism practices, including:
- Respecting local cultures, traditions, and communities
- Minimizing environmental impact
- Supporting local economies and businesses
- Protecting cultural and natural heritage sites
- Treating animals ethically and avoiding exploitative wildlife tourism
- Promoting authentic, meaningful travel experiences
### 24.2 Prohibited Practices
Service Providers may not offer or promote services that:
- Exploit, harm, or disrespect local communities
- Involve unethical animal interactions (e.g., elephant riding, wildlife selfies, performances with captive wildlife)
- Damage or disrespect cultural or religious sites
- Contribute to overtourism in fragile or overcrowded destinations
- Violate environmental protection regulations
### 24.3 Reporting Concerns
Users who observe irresponsible or harmful tourism practices may report concerns to hello@pagoda.travel. Pagoda Travel reserves the right to investigate and take appropriate action, including account suspension or termination.
---
## 25. FEEDBACK & RATINGS
### 25.1 User Reviews & Ratings
Following completed bookings, Users may provide feedback and ratings for:
- Service Providers (quality, professionalism, responsiveness)
- Travel agents (communication, accuracy, service)
- Platform experience
### 25.2 Review Guidelines
Reviews must:
- Be based on actual experiences
- Be truthful, accurate, and fair
- Focus on relevant service aspects
- Comply with this Agreement and avoid prohibited content (defamation, harassment, discrimination, profanity)
Reviews may not:
- Contain false or misleading information
- Include personal attacks or discriminatory language
- Disclose confidential information
- Violate privacy or intellectual property rights
- Be submitted in exchange for compensation or incentives
### 25.3 Review Moderation
Pagoda Travel reserves the right to:
- Monitor, edit, or remove reviews that violate guidelines
- Investigate suspicious review patterns (fake reviews, review manipulation)
- Suspend or terminate accounts engaged in review fraud
### 25.4 Response to Reviews
Service Providers may respond professionally to reviews. Responses must be respectful, factual, and non-retaliatory. Harassment or threats in response to negative reviews may result in account termination.
### 25.5 Impact on Account Standing
Consistently poor ratings may result in:
- Reduced visibility in search results
- Warning notices or performance improvement plans
- Account suspension or termination
---
## 26. MINORS & CHILD SAFETY
### 26.1 Age Restrictions
The Services are intended for users aged 18 and older. Users under 18 may not create accounts or use the Services.
### 26.2 Child Safety Commitment
Pagoda Travel is committed to protecting children from exploitation and harm. All Users must:
- Comply with all child protection laws and regulations
- Report suspected child abuse, exploitation, or endangerment to local authorities and to Pagoda Travel
- Avoid sharing content depicting minors in inappropriate contexts
### 26.3 Services Involving Minors
Service Providers offering family-friendly tours or services involving children must:
- Conduct appropriate background checks on staff as required by local law
- Implement child safeguarding policies
- Obtain parental consent for activities involving minors
- Maintain appropriate supervision ratios
- Comply with all child safety regulations
### 26.4 Zero Tolerance Policy
Pagoda Travel has zero tolerance for child exploitation. Any User found to be engaged in, facilitating, or promoting child exploitation will be immediately terminated and reported to law enforcement.
---
## 27. PROMOTIONAL COMMUNICATIONS & MARKETING
### 27.1 Marketing Consent
By creating an account, you consent to receive:
- Transactional emails (account notifications, booking confirmations, payment receipts)
- Service updates and important announcements
- Security alerts and policy changes
You may additionally opt in to receive:
- Promotional emails and newsletters
- New feature announcements
- Special offers and discounts
- Industry insights and best practices
### 27.2 Opt-Out Rights
You may opt out of promotional communications at any time by:
- Clicking "unsubscribe" in any promotional email
- Adjusting communication preferences in your account settings
- Contacting hello@pagoda.travel with an opt-out request
**Note:** You cannot opt out of essential transactional or security-related communications while maintaining an active account.
### 27.3 Platform Promotion
Pagoda Travel may feature User success stories, testimonials, or case studies in marketing materials. We will request permission before using identifying information or Content in promotional contexts. You may decline such requests without penalty.
---
## 28. BETA FEATURES & EXPERIMENTAL SERVICES
### 28.1 Beta Participation
Pagoda Travel may offer access to beta features, experimental tools, or early-release functionality. Beta features are provided "as is" with no guarantees of:
- Functionality or performance
- Data accuracy or reliability
- Continued availability
- Migration or backward compatibility
### 28.2 Beta User Obligations
If you participate in beta testing, you agree to:
- Provide constructive feedback on features and functionality
- Report bugs, errors, and usability issues
- Not rely on beta features for critical business operations
- Maintain confidentiality regarding unreleased features (unless publicly announced)
### 28.3 Beta Disclaimers
Pagoda Travel reserves the right to:
- Modify, suspend, or discontinue beta features at any time
- Change feature specifications before general release
- Collect additional usage data and feedback during beta periods
---
## 29. ANTI-CORRUPTION & ETHICAL CONDUCT
### 29.1 Anti-Bribery Commitment
All Users agree to:
- Comply with anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and U.K. Bribery Act
- Not offer, promise, give, or accept bribes, kickbacks, or improper payments
- Avoid conflicts of interest and disclose potential conflicts
- Maintain accurate books and records
### 29.2 Fair Dealing
Users must:
- Compete fairly and ethically
- Not engage in price fixing, bid rigging, or market allocation
- Respect competitors and avoid disparagement
- Represent services accurately and avoid deceptive practices
### 29.3 Reporting Violations
Suspected violations of anti-corruption or ethical standards should be reported to hello@pagoda.travel. Reports may be submitted confidentially, and Pagoda Travel prohibits retaliation against good-faith reporters.
---
## 30. FINAL PROVISIONS
### 30.1 Acknowledgment of Understanding
**BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:**
- You have carefully read and fully understand this Agreement
- You have had the opportunity to seek independent legal advice
- You voluntarily agree to all terms and conditions
- You understand the risks, limitations of liability, and disclaimers
- You accept that this Agreement may be updated periodically
- You recognize that Pagoda Travel is a marketplace facilitator, not a service provider
- You agree to resolve disputes through the mechanisms specified herein
### 30.2 No Contradiction
In the event of any perceived contradiction between different sections of this Agreement, the specific provision shall take precedence over general provisions, and the most protective provision for Pagoda Travel shall apply.
### 30.3 Headings
Section and subsection headings are for convenience only and do not affect interpretation.
### 30.4 Counterparts & Electronic Execution
This Agreement may be executed in counterparts and by electronic means, each of which shall be deemed an original and together shall constitute one agreement.
### 30.5 Survival of Terms
The following provisions survive termination: Sections 7 (Intellectual Property), 9 (MNDA), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and any other provisions that by their nature should reasonably survive.
---
## 31. ACCEPTANCE & EFFECTIVE DATE
**This Agreement is effective as of the date you first access the Services, create an account, or click "I Agree."**
**BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT:**
✅ You are at least 18 years of age (or the age of majority in your jurisdiction)
✅ You have the legal capacity and authority to enter into this Agreement
✅ If representing an entity, you have authority to bind that entity
✅ You are not prohibited from using the Services under applicable laws
✅ All information you provide is accurate and complete
✅ You will comply with all terms and conditions of this Agreement
**IF YOU DO NOT AGREE OR CANNOT COMPLY WITH ALL PROVISIONS, YOU MUST NOT ACCESS OR USE THE SERVICES.**
---
## CONTACT INFORMATION
**Pagoda Travel**
**General Inquiries:**
Email: hello@pagoda.travel
Phone: +81 80 3198 5669 (WhatsApp/Line)
Website: www.pagoda.travel
**Legal Department:**
Email: hello@pagoda.travel
Subject: Legal Inquiry
**Privacy & Data Protection:**
Email: hello@pagoda.travel
Subject: Privacy Inquiry
**Copyright Claims:**
Email: hello@pagoda.travel
Subject: Copyright Claim
**Security Concerns:**
Email: hello@pagoda.travel
Subject: Security Issue
**Accessibility Requests:**
Email: hello@pagoda.travel
Subject: Accessibility Request
**Emergency Support:**
Email: hello@pagoda.travel
Subject: URGENT - Emergency
---
**Document Version:** 2.0
**Last Updated:** October 28, 2025
**Effective Date:** Upon acceptance by User
**© 2025 Pagoda Travel. All Rights Reserved.**
---
**END OF TERMS & CONDITIONS, PRIVACY POLICY, AND MUTUAL NON-DISCLOSURE AGREEMENT**
