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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 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.
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Use of Site |
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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.
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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 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.
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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
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.
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Exclusion
of Warranty |
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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.
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Limitation
of Liability |
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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.
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Indemnification |
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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.
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Relationship |
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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.
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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
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.
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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 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.
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Termination |
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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.
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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
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.
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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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