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Please note that we may change, modify, add and delete these Terms at any time without any prior notice. We strongly advise you to read these Terms periodically. By continuing to use the Site after such changes to these Terms, visitor, user or Registered User (“you” or “User”) agree and consent to the changes. If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services.
SCOPE OF OUR SERVICES
- While we are committed to utilize our expertise skills with our prudence in providing the Services, we do not verify, and do not guarantee, that all available provided information on the Site is accurate, complete, correct or up-to-date; hence, we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Site or otherwise), inaccurate, misleading or false information of Vendors or non-delivery of information.
- Changes in market conditions or circumstances that occur can lead to changes in a short time causing the provided information on the Site to be inaccurate or not applicable. In case of any problems, eTravelmag’s Customer Service may contact to assist you and clear your concerns.
- The Site does not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Vendors listed on the Site. We disclaim any complaints, losses or liabilities for the quality and status of existing listed Vendors on the Site (who provides airlines services, hotels or other services). Vendors may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed as per our discretion.
- By displaying particular destinations, eTravelmag does not represent or warrant that travel to such destinations is advisable or risk-free and eTravemag is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall eTravelmag be legally liable for any incidents occurring during your trip or your stay. You are personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip. eTravelmag is not responsible for any loss that occurs if you fail to bring the required travel documents, such as your passport.
RIGHTS AND OBLIGATIONS
- eTravelmag hereby grants the user certain limited rights (constituting a “Limited Licence”), which cannot be transferred or assigned, to access and use the Site to the extent expressly permitted by these Terms. In connection with this Limited Licence, we are not granting you any other rights or licences with respect to use of the Site; rights or licenses not expressly granted, are reserved by eTravelmag or other third-party owners of such licence. Content available on the Site (including the software infrastructure used to provide the Content) is wholly owned by eTravelmag or its suppliers and service providers, including but not limited to the Vendors (as applicable). You can use the Site to place orders and you hereby guarantee that you will not submit false reservation requests or speculative bookings to pre-empt existing reservations. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
- You agree to not use the Site or the Content for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes (prohibited by law) or do any acts that violate these Terms. Except with the written consent of eTravelmag, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Site. In addition, you agree not to:
- use the Site or the Content for commercial purposes without permission from eTravelmag;
- access, monitor or copy any Content on the Site using technology, software, or any program either manually or automatically for any purpose without written permission from eTravelmag;
- perform any action that imposes or may impose, an unreasonable burden on the Site or Site infrastructure;
- make a major link to the Site (including but not limited to the booking path) for any purpose without the written consent from eTravelmag;
- resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Site for commercial purposes or objectives/activities of competition;
- reproduce the Site (through a “frame” or “mirror”) or set up a part of the Site on any other website without prior written consent;
- send or store any material to or through the Site that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
- send or store links to or send a notice containing material that may be deemed, in eTravelmag’s sole discretion, harmful, obscene, sexual, indecent, violent, racist, or offensive, or discriminatory, abusive, threatening, harassing, repressive, hateful or other inappropriate material;
- send or store any material (including providing any links to other material) which is defamatory, slanderous, or false;
- send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
- send or store any material that is prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
- impersonate any person or subject, or make false statements or statements about a person or subject, or relationship, or falsify for the purpose of misleading, or deceiving;
- manipulate or falsify information with the aim to disguise the origin of statements provided;
- use the Site in any manner which could damage, disable, obstruct, or interfere with the use of the Site or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
- gain unauthorized access or perform unauthorized modification to the Site or other related website, other accounts, computer systems, networks connected to the Site through hacking, password theft or other similar matters;
- obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Site (including but not limited to other destinations provided by the Site). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
- engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute “spamdexing,” including but not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, comments containing spam and other matters;
- any other action which may adversely affect or result in damage to the Site, eTravelmag or its affiliates and employees, or eTravelmag’s reputation;
- Unless expressly stated otherwise, the website is not permitted to create links to pages other than the main pages of the Website or frames or web pages, or other contents contained therein, or create links to any part of the Site in the form of an email for commercial purposes without eTravelmag’s written consent.
LIMITATIONS OF USE
- You hereby agree not to use the Website or the Content for illegal or unauthorized activities. You agree that you will not use any equipment, software, or other technologies that may interfere or willfully interfere with the operation of this Website. You agree not to use this Website or its Content for commercial purposes. You agree not to seek, create, query, use or submit automated elements or other forms of technology to collect or obtain information from this Website, or otherwise interfere with this Website.
- YOU HEREBY DECLARE TO AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- THE SERVICES AND THE CONTENT OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF GUARANTEE OR WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE MERCHANTABILITY OF A PRODUCT OR SERVICE, OR SUITABILITY OF THE SERVICES WE PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST NON-INFRINGEMENT WHERE APPLICABLE;
- WE DO NOT GUARANTEE THAT: (i) THE FUNCTIONS, SERVICES AND SECURITY FEATURES PROVIDED IN THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR; (ii) ERRORS OR FAILURE WILL BE REPAIRED; OR (iii) THE SITE OR THE SERVER PROVIDE SERVICES THAT ARE FREE FROM VIRUSES, MALWARE OR HARMFUL COMPONENTS;
- WE DO NOT WARRANT THE ACCURACY, AUTHENTICITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES AVAILABLE TO AND FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY GUARANTEE THAT THE CONTENT, SITES OR RESOURCES ARE FREE FROM SOURCE MATERIAL THAT IS MALICIOUS, INDECENT, OR CONTROVERSIAL;
- WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE GRANTED VALID TRAVEL PERMITS APPLICABLE TO YOU. WE DO NOT HAVE ANY RESPONSIBILITY TO NOTIFY YOU OR INDEMNIFY YOU IN THE EVENT THAT YOU SUFFER LOSSES OR DAMAGES RELATING TO YOUR LACK OF VISA OR TRAVEL PERMITS (INCLUDING, BUT NOT LIMITED TO, REFUSAL OF ENTRY, DEPORTATION).
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RESPONSIBILITY AND RISK. YOU VOLUNTARILY ASSUME SUCH RISK, AND YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO SUCH MATERIAL, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIALS THAT ARE PROVIDED.
LIMITATION OF LIABILITY
- WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS, THE RESPONSIBILITIES OF ANY PARTY ARE LIMITED AND WAIVED TO THE EXTEND PERMITTED BY LAW, SUCH AS PERSONAL INJURY OR DEATH. WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO YOUR USE OF THE SITE OR USE OF THE LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR. THE ONLY REMEDY YOU HAVE IS TO DECIDE TO STOP USING THIS SITE.
THIRD PARTY LINKS AND CONTENTS
- The Site may contain links to websites operated by parties other than eTravelmag. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We, or other third parties, may upload automated search results or provide links to other sites. We provide the opportunity for third parties to distribute, post, transmit or otherwise make available any information, data, text, images, sound, graphics, video, messages, reviews, or other materials (“Content”) through this Website. We do not review and/or do not control the website, source, and Content. You agree that we are not responsible for the contents or availability of such websites and resources, and that we do not endorse or recommend and are not responsible for the origin of such websites or Content. You hereby agree to indemnify us from and from any and all liability, charges, loss or damage directly or indirectly caused or alleged to be caused by or in connection with use of or in connection with such Content, website or resource.
- These Terms shall constitute the entire agreement and understanding between you and eTravelmag on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and eTravelmag concerning the subject matter thereof.
- For the avoidance of doubt, eTravelmag does not manage or control any Providers
- If you use the Site for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of these Terms and all applicable terms and conditions. When using the Site for or on behalf of a Third-party, you agree to indemnify and hold eTravelmag harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
- These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
- In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, 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. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.
- Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver of such Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
- You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
- We reserve the right to change, modify, add and delete these Terms (or parts thereof) upon our sole discretion. We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will supersede all previous versions.
- Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms. The application of the Contracts (Rights of Third Parties) Act (Cap. 53B) and any re-enactment is expressly excluded.
- Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
- eTravelmag shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes/typhoons/ cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, etc.
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