PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE.
Your use of
this site is expressly conditioned on your acceptance of the
following terms and conditions. |
|
|
|
|
 OWNERSHIP |
| |
This site, and each of its modules, together with the
arrangement and compilation of the content found on this
site, is the copyrighted property of Turquoise Tours and
Travel Ltd and/or its various third party providers and
distributors. In addition, the trademarks, logos and
service marks displayed on this site (collectively, the
"Trademarks") are registered and common law Trademarks of
Turquoise Tours and Travel Ltd, its affiliates, and
various third parties. Nothing contained on this site
should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the
Trademarks without the written permission of Turquoise
Tours and Travel Ltd, or such other party that may own the
Trademarks.
|
|
|
|
|
USE
OF SITE |
| |
Turquoise Tours and Travel Ltd grants you a limited,
non-transferable license to use this site in accordance
with the terms and conditions of this User Agreement. You
may only use this site to make legitimate reservations or
purchases and shall not use this site for any other
purposes, including without limitation, to make any
speculative, false or fraudulent reservation or any
reservation in anticipation of demand. This site and the
content provided in this site, including the text,
graphics, button icons, may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed
without the written permission of Turquoise Tours and
Travel Ltd, and/or its third party providers and
distributors, except that you may download, display and
print the materials presented on this site for your
personal, non-commercial use only. You may not use any
"robot," "spider" or other automatic device, or a program,
algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy
any of the Web pages, data or content found on this site,
in any case without the prior written permission of
Turquoise Tours and Travel Ltd. You agree that you will
not transmit or otherwise transfer any Web pages, data or
content found on this site to any other computer, server,
Web site, or other medium for mass distribution or for use
in any commercial enterprise. You agree that you will not
use any device, software or routine to interfere or
attempt to interfere with the proper working of this site.
You agree that you will not take any action that imposes a
burden or load on our infrastructure that Turquoise Tours
and Travel Ltd deems in its sole discretion to be
unreasonable or disproportionate to the benefits Turquoise
Tours and Travel Ltd obtains from your use of the site.
Unauthorised use of this site and/or the materials
contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other
laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in the
materials, and you must not alter, obscure or obliterate
any of such notices. The use of such materials on any
other Web site or in any environment of networked
computers is prohibited. You are prohibited from posting
or transmitting any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise
violate any law. In addition, you are prohibited from
posting or transmitting any information which (a)
infringes the rights of others or violates their privacy
or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the
express written permission of the owner of such right, (c)
contains a virus, bug or other harmful item, or (d) is
used to unlawfully collude against another person in
restraint of trade or competition. You shall be solely
liable for any damages resulting from any infringement of
copyright, trademark, or other proprietary right, or any
other harm resulting from your use of this site.
|
|
|
|
|
AGE
AND RESPONSIBILITY |
| |
If you use this site, you are responsible for maintaining
the confidentiality of your account information and your
password. You agree to accept responsibility for all
activities that occur under your account or password. You
represent that you are of sufficient legal age to use this
site and to create binding legal obligations for any
liability you may incur as a result of the use of this
site. You understand that you are financially responsible
for all uses of this site by you and those using your
login information.
|
|
|
|
|
PRIVACY |
| |
You have read the Turquoise Tours and Travel Ltd Privacy
Policy, and agree that the terms of such policy are
reasonable. You consent to the use of your personal
information by Turquoise Tours and Travel Ltd and/or its
third party providers and distributors in accordance with
the terms of and for the purposes set forth in the
Turquoise Tours and Travel Ltd Privacy Policy.
|
|
|
|
|
REVIEW
OF TRANSMISSIONS |
| |
You agree that if you submit suggestions, ideas, comments
or questions or post any other information on this site,
you grant Turquoise Tours and Travel Ltd and its
affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to
use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such content
in any form, media or technology. Turquoise Tours and
Travel Ltd takes no responsibility and assumes no
liability for any content posted or submitted by you.
|
|
|
|
|
EXCLUSION
OF WARRANTY |
| |
Turquoise Tours and Travel Ltd and any third party
providers and distributors make no warranty of any kind
regarding this site and/or any materials provided on this
site, all of which are provided on an "as is" basis.
Turquoise Tours and Travel Ltd and any third party
providers and distributors do not warrant the accuracy,
completeness, currency or reliability of any of the
content or data found on this site and such parties
expressly disclaim all warranties and conditions,
including implied warranties and conditions of
merchantability, fitness for a particular purpose and
non-infringement, and those arising by statute or
otherwise in law or from a course of dealing or usage of
trade. Neither Turquoise Tours and Travel Ltd nor any
third party providers or distributors warrant that this
site, its servers or any e-mail sent Turquoise Tours and
Travel Ltd are free of viruses or other harmful
components. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific rights,
which vary from state to state.
|
|
|
|
|
LIMITATION
OF LIABILITY |
| |
Turquoise Tours and Travel Ltd assumes no responsibility,
and shall not be liable for, any damages to, or viruses
that may infect your computer equipment or other property
on account of your access to, use of, or browsing in this
site or your downloading of any materials, data, text or
images from the site. In no event shall Turquoise Tours
and Travel Ltd or any third party providers or
distributors be liable for any injury, loss, claim,
damage, or any special, exemplary, punitive, indirect,
incidental or consequential damages of any kind
(including, but not limited to lost profits or lost
savings), whether based in contract, tort, strict
liability, or otherwise, which arises out of or is in any
way connected with (i) any use of this site or content
found herein, (ii) any failure or delay (including, but
not limited to the use of or inability to use any
component of this site for reservations or ticketing), or
(iii) the performance or non performance by Turquoise
Tours and Travel Ltd or any third party providers or
distributors, even if such party has been advised of the
possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, Turquoise Tours and
Travel Ltd or any third party provider or distributor
should be found liable for any loss or damage which arises
out of or is in any way connected with any of the above
described functions or uses of this site or its content,
the liability of Turquoise Tours and Travel Ltd and the
third party providers and distributors shall in no event
exceed, in the aggregate, the greater of (a) the
subscription fee and service charge for accessing this
site, or (b) US$100.00. In its sole discretion, in
addition to any other rights or remedies available to
Turquoise Tours and Travel Ltd and without any liability
whatsoever, Turquoise Tours and Travel Ltd at any time and
without notice may terminate or restrict your access to
any component of this site. Some states do not allow
limitation of liability, so the foregoing limitation may
not apply to you.
|
|
|
|
|
INDEMNIFICATION |
| |
You shall defend and indemnify Turquoise Tours and Travel
Ltd and any third party providers and distributors and
their officers, directors, employees and agents from and
against any claim, cause of action or demand, including
without limitation reasonable legal and accounting fees,
brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your
use of this site.
|
|
|
|
|
RELATIONSHIP |
| |
The relationship between Turquoise Tours and Travel Ltd
and you will be that of independent contractors, and
neither of us nor any of our respective officers, agents
or employees will be held or construed to be partners,
joint ventures, fiduciaries, employees or agents of the
other.
|
|
|
|
|
GOVERNING
LAW |
| |
This Agreement and its performance is governed by English
law and is subject to the exclusive jurisdiction of the
English courts, without regard to its conflict of laws
provisions. You consent and submit to the exclusive
jurisdiction of the English courts, in all questions and
controversies arising out of your use of this site and
this Agreement. To the extent allowed by applicable law,
any claim or cause of action arising from or relating to
your access or use of this site must be brought within two
(2) years from the date on which such claim or action
arose or accrued.
|
|
|
|
|
ATTORNEY'S
FEES |
| |
If Turquoise Tours and Travel Ltd or its affiliates take
any action to enforce this User Agreement and these terms
and conditions, such parties will be entitled to recover
from you, and you agree to pay, all reasonable and
necessary attorney's fees and any cost of litigation, in
addition to any other relief, at law or in equity, to
which such parties may be entitled.
|
|
|
|
|
INJUNCTIVE
RELIEF |
| |
You acknowledge that a violation or attempted violation of
any of this User Agreement and these terms and conditions
will cause such damage to Turquoise Tours and Travel Ltd
as will be irreparable, the exact amount of which would be
difficult to ascertain and for which there will be no
adequate remedy at law. Accordingly, you agree Turquoise
Tours and Travel Ltd shall be entitled as a matter of
right to an injunction issued by any court of competent
jurisdiction, restraining such violation or attempted
violation of these terms and conditions by You, or Your
affiliates, partners, or agents, as well as recover from
You any and all costs and expenses sustained or incurred
by Turquoise Tours and Travel Ltd in obtaining such an
injunction, including, without limitation, reasonable
attorney's fees. You agree that no bond or other security
shall be required in connection with such injunction.
|
|
|
|
|
TERMINATION |
| |
Turquoise Tours and Travel Ltd may terminate this User
Agreement and these terms and conditions and/or the
provision of any of the services at any time for any
reason, including any improper use of this site or your
failure to comply with these terms and conditions. Such
termination shall not affect any right to relief to which
Turquoise Tours and Travel Ltd and its third party
providers and distributors may be entitled, at law or in
equity. Upon termination of this User Agreement and these
terms and conditions, all rights granted to you will
terminate and revert to Turquoise Tours and Travel Ltd and
its third party providers or distributors, as applicable.
|
|
|
|
|
ASSIGNMENT |
| |
You may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
|
|
|
|
|
MODIFICATION |
| |
Turquoise Tours and Travel Ltd may at any time modify
these terms and conditions and your continued use of this
site will be conditioned upon the terms and conditions in
force at the time of your use.
|
|
|
|
|
ADDITIONAL
TERMS |
| |
Additional terms and conditions may apply to reservations,
and other uses of portions of this site, and you agree to
abide by such other terms and conditions.
|
|
|
|
|
SEVERABILITY |
| |
These terms and conditions shall be deemed severable. In
the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity
and enforceability of any other remaining provisions.
|
|
|
|
|
HEADINGS |
| |
The headings used in this User Agreement are included for
convenience only and will not limit or otherwise affect
the terms and conditions herein.
|
|
|
|
|
ENTIRE
AGREEMENT |
| |
This User Agreement, together with any terms and
conditions incorporated herein or referred to herein
constitute the entire agreement between us relating to the
subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written)
regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this site.
|
|
|
|
|
