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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 |
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.
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USE OF SITE |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 to 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 |
| 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) US$100.00. 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 Ltdand 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 |
| You
may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder. |
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MODIFICATION |
| 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 |
| 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 |
| 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 |
| 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 |
| 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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