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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. |
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| » OWNERSHIP |
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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 Travel and Tours 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 Travel and Tours 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 Travel and Tours
Ltd., or such other party that may own the Trademarks. Turquoise Travel and Tours Ltd.
owners of this website is located at 31 Theobalds
Road London WC1X 8SP |
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| » USE
OF SITE |
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Turquoise Travel and Tours 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 Travel and Tours 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 Travel and Tours 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 Travel and Tours Ltd. deems in its sole
discretion to be unreasonable or disproportionate
to the benefits Turquoise Travel and Tours 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.
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| » AGE
AND RESPONSIBILITY |
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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.
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| » PRIVACY |
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You
have read the Turquoise Travel and Tours Ltd. Privacy
Policy, and agree that the terms of such policy
are reasonable. You consent to the use of your personal
information by Turquoise Travel and Tours Ltd. and/or
its third party providers and distributors in accordance
with the terms of and for the purposes set forth
in the Turquoise Travel and Tours Ltd. Privacy Policy.
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| » REVIEW
OF TRANSMISSIONS |
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You
agree that if you submit suggestions, ideas, comments
or questions or post any other information on this
site, you grant Turquoise Travel and Tours 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 Travel and Tours Ltd. takes no responsibility
and assumes no liability for any content posted
or submitted by you. |
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| » EXCLUSION
OF WARRANTY |
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Turquoise Travel and Tours 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 Travel and Tours 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
Travel and Tours Ltd. nor any third party providers
or distributors warrant that this site, its servers
or any e-mail sent Turquoise Travel and Tours 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.
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| » LIMITATION
OF LIABILITY |
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Turquoise Travel and Tours 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 Travel and Tours
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 Travel and Tours 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
Travel and Tours 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
Travel and Tours 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)
£65. In its sole discretion, in addition to
any other rights or remedies available to
Turquoise Travel and Tours Ltd. and without any liability whatsoever,
Turquoise Travel and Tours 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.
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| » INDEMNIFICATION |
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You
shall defend and indemnify Turquoise Travel and
Tours 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. |
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| » RELATIONSHIP |
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The
relationship between Turquoise Travel and Tours
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. |
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| » GOVERNING
LAW |
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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. |
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| » ATTORNEY'S
FEES |
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If
Turquoise Travel and Tours 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. |
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| » INJUNCTIVE
RELIEF |
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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
Travel and Tours 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 Travel and
Tours 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 Travel and
Tours 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. |
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| » TERMINATION |
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Turquoise Travel and Tours 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 Travel and Tours 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 Travel and Tours Ltd. and its third party providers
or distributors, as applicable. |
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| » ASSIGNMENT |
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You
may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder. |
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| » MODIFICATION |
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Turquoise Travel and Tours 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. |
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| » ADDITIONAL
TERMS |
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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.
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| » SEVERABILITY |
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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. |
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| » HEADINGS |
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The
headings used in this User Agreement are included
for convenience only and will not limit or otherwise
affect the terms and conditions herein. |
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| » ENTIRE
AGREEMENT |
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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. |
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