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DATED: 21/04/2007
IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE
ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN
NAME WWW.AFRECOTOURS.COM (“WEBSITE”)
AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US
AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS WEBSITE. USING THIS WEBSITE INDICATES
THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE
IS ISSUED BY AFRECO TOURS LIMITED (“THE
COMPANY”, “WE”, “US”).
HOWEVER, NOT ALL OF THE PRODUCTS OR SERVICES WE
SELL ARE SUPPLIED BY US. THE CONTRACT FOR THE
PRODUCT AND/OR SERVICE WILL USUALLY BE BETWEEN
YOU AND A THIRD PARTY SUPPLIER.
1. Introduction
1.1 By accessing any part of this Website, you
shall be deemed to have accepted this legal notice
in full. If you do not accept this legal notice
in full, you must leave this Website immediately.
1.2 The Company may revise this legal notice at
any time by updating this posting. You should
check this Website from time to time to review
the then current legal notice, because it is binding
on you. Certain provisions of this legal notice
may be superseded by expressly designated legal
notices or terms located on particular pages at
this Website.
1.3 We normally act as a disclosed agent for third
party suppliers. This means that the contract
for the product or service is between you and
the supplier. The supplier will have their own
purchase and booking conditions. For some products,
we act as principal, meaning that the contract
for the product is between you and us. We have
our own purchase and booking conditions. This
means that there will be additional purchase and
booking conditions for each of the products and
services advertised on this Website. You will
be required to read and accept these purchase
and booking conditions before you are able to
book a tour or purchase any other products or
services via this Website.
1.4 We will inform you whether we are acting as
principal or as agent.
1.5 Unless otherwise notified, all products and
services advertised on the Website are an invitation
to you to make an offer to our suppliers. They
are not an offer by the Company to sell the products
or services. We may accept your offer to purchase
the products or services or we may reject it.
We will confirm whether we have accepted or rejected
your offer by e-mail.
1.6 Where we are acting as agent, we will pass
any essential booking information to the third
party supplier. By placing an order for any products
or services via the Website, you have consented
to us passing on such details.
2. Website user obligations
2.1 You agree to be bound by the following obligations:
2.1.1 you accept financial responsibility for
all transactions made under your name;
2.1.2 you must be 18 years of age or over;
2.1.3 you warrant that all information you provide
about yourself, including your credit or debit
card details, or anyone else shall be true and
accurate;
2.1.4 you will not use the Website for any false
or fraudulent bookings.
3. Service access
3.1 While the Company endeavours to ensure that
this Website is normally available 24 hours a
day, the Company will not be liable if for any
reason this Website is unavailable at any time
or for any period.
3.2 Access to this Website may be suspended temporarily
and without notice in the case of system failure,
maintenance or repair or for reasons beyond the
Company’s control.
4. Licence
4.1 You are permitted to print and download extracts
from this Website on the following basis:
4.1.1 no documents or related graphics on this
Website are modified in any way;
4.1.2 no graphics on this Website are used separately
from accompanying text; and
4.1.3 the Company’s copyright notice and
this permission notice appear in all copies.
4.2 Unless otherwise stated, the copyright and
other intellectual property rights in all material
on this Website (including without limitation
photographs and graphical images) are owned by
the Company or its licensors. For the purposes
of this legal notice, any use of extracts from
this Website other than in accordance with paragraph
4.1 above for any purpose is prohibited. If you
breach any of the terms in this legal notice,
your permission to use this Website automatically
terminates and you must immediately destroy any
downloaded or printed extracts from this Website.
4.3 Subject to paragraph 4.1, no part of this
Website may be reproduced or stored in any other
website or included in any public or private electronic
retrieval system or service without the Company’s
prior written permission.
4.4 Any rights not expressly granted in these
terms are reserved.
5. Visitor material and conduct
5.1 Other than personally identifiable information,
which is covered under the Privacy
Policy, any material you transmit or post
to this Website will be considered non-confidential
and non-proprietary. The Company will have no
obligations with respect to such material. The
Company and its designees will be free to copy,
disclose, distribute, incorporate and otherwise
use such material and all data, images, sounds,
text and other things embodied therein for any
and all commercial or non-commercial purposes.
5.2 You are prohibited from posting or transmitting
to or from this Website any material:
5.2.1 that is threatening, defamatory, obscene,
indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience;
5.2.2 for which you have not obtained all necessary
licences and/or approvals;
5.2.3 which constitutes or encourages conduct
that would be considered a criminal offence, give
rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third
party, in the UK or any other country in the world;
or
5.2.4 which is technically harmful (including,
without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
5.3 You may not misuse the Website (including,
without limitation, by hacking).
5.4 The Company will fully co-operate with any
law enforcement authorities or court order requesting
or directing the Company to disclose the identity
or locate anyone posting any material in breach
of paragraphs 5.2 or 5.3.
6. Links to and from other websites
6.1 Links to third party websites on this Website
are provided solely for your convenience. If you
use these links, you leave this Website. The Company
has not reviewed all of these third party websites
and does not control and is not responsible for
these websites or their content. The Company therefore
does not endorse or make any representations about
them, or any material found there, or any results
that may be obtained from using them. If you decide
to access any of the third party websites linked
to this Website, you do so entirely at your own
risk.
6.2 If you would like to link to this Website,
you may only do so on the basis that you link
to, but do not replicate, the home page of this
Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise
alter the size or appearance of the Afreco Tours
logo;
6.2.2 you do not create a frame or any other browser
or border environment around this Website;
6.2.3 you do not in any way imply that the Company
is endorsing any products or services other than
its own;
6.2.4 you do not misrepresent your relationship
with the Company nor present any other false information
about the Company;
6.2.5 you do not otherwise use any Afreco Tours
trade marks displayed on this Website without
express written permission from the Company;
6.2.6 you do not link from a website that is not
owned by you; and
6.2.7 your website does not contain content that
is distasteful, offensive or controversial, infringes
any intellectual property rights or other rights
of any other person or otherwise does not comply
with all applicable laws and regulations.
6.3 The Company expressly reserves the right to
revoke the right granted in paragraph 6.2 for
breach of these terms and to take any action it
deems appropriate.
6.4 You shall fully indemnify the Company for
any loss or damage suffered by the Company or
any of its group companies for breach of paragraph
6.2.
7. Information on this Website
7.1 While the Company endeavours to ensure that
the information and prices on this Website is
correct, the Company does not warrant the accuracy
and completeness of the material on this Website.
The Company may make changes to the material on
this Website, or to the products, services and
prices described in it, at any time without notice.
7.2 The information and prices on this Website
are updated from time to time and may have changed
by the time you book your tour or course. You
must ensure you check all the details of the tour
or course before you book it.
7.3 Errors may occasionally occur in connection
with the information and prices on this Website.
If an incorrect price is displayed on the Website
any purchase or booking based on the incorrect
price will be invalid and you will have the option
of paying the correct price for the product or
service or to cancel and receive a full refund
for any monies you have already paid.
7.4 The material at this Website is provided ‘as
is’ without any conditions, warranties or
other terms of any kind. Accordingly, to the maximum
extent permitted by law, the Company provides
you with this Website on the basis that the Company
excludes all representations, warranties, conditions
and other terms (including, without limitation,
the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable
care and skill) which but for this legal notice
might have effect in relation to this Website.
8. Liability
8.1 The Company and any other party (whether or
not involved in creating, producing, maintaining
or delivering this Website) exclude all liability
and responsibility for any amount or kind of loss
or damage that may result to you or a third party
(including without limitation, any direct, indirect,
punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from
or connected in any way to business interruption,
and whether in tort (including without limitation
negligence), contract or otherwise) in connection
with the use, inability to use or the results
of use of this Website, any websites linked to
this Website or the material on such websites,
including but not limited to loss or damage due
to viruses that may infect your computer equipment,
software, data or other property on account of
your access to, use of, or browsing this Website
or your downloading of any material from this
Website or any websites linked to this Website.
8.2 The Company shall not be responsible for products
and services offered by us as agents for third
party suppliers.
8.3 Except in the case of death or personal injury,
the entire liability of the Company shall not
exceed the total price of the products or services
and the Company shall not be liable for any loss
of profit or any indirect, special or consequential
loss or damage, costs, expenses or other claims
for compensation arising out of the supply or
use of services and products purchased from this
Website.
8.4 Nothing in this legal notice shall exclude
or limit the Company’s liability for (i)
death or personal injury caused by negligence
(as such term is defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability
which cannot be excluded or limited under applicable
law.
8.5 If your use of material on this Website results
in the need for servicing, repair or correction
of equipment, software or data, you assume all
costs thereof.
9. Governing law and jurisdiction
This legal notice and the services offered on
this Website shall be governed by and construed
in accordance with English law. Disputes arising
in connection with this legal notice or the services
offered on this Website shall be subject to the
exclusive jurisdiction of the English courts.
Issue Date: 21/04/2007
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