READ THIS AGREEMENT CAREFULLY BEFORE USING ANY TRAVELTRADE WEEKLY WEBISTE (TRAVEL TRADE WEEKLY LTD, TRAVELTRADE WEBSITE) SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TRAVEL TRADE WEEKLY LTD AND YOU, INCLUDING ANY TRAVEL TRADE WEEKLY CUSTOMER LTD, USER, OR WEBSITE VISITOR, (collectively referred to herein as the "Customer").
Terms of Service
These Terms of Service form part of an agreement (this/the "Agreement") between Travel Trade Weekly Ltd, and the Customer. This Agreement governs provision of Travel Trade Weekly Ltd 's services (the "Service") and is effective as of the moment the Customer indicates agreement on the directoryoffers.traveltradedaily.com website, or from the moment the two parties sign a paper version, or as of the moment the Customer uses any Travel Trade Weekly Ltd service or usage of the directoryoffers.traveltradedaily.com website (whichever comes first).
Please read Very Carefully the following terms and conditions and also our Privacy Policy and if you do not agree with them, do not download or install this application software.http://directoryoffers.traveltradedaily.com/privacy-policy (the "Privacy Policy").
- 1) Terms and Termination
- a) This Agreement will continue until terminated by either party pursuant to the procedures set forth in this Section 3.
- b) Customer may terminate this Agreement for material breach, effective on 30 days' written notice specifying the nature of the breach, provided this Agreement will not terminate if Travel Trade Weekly Ltd cures the breach before the effective date of termination. Customer may also terminate this Agreement for convenience. Customer will provide notice of any termination via email to [email protected].
- c) Travel Trade Weekly Ltd may terminate the Service, any portion thereof, or this Agreement for material breach, including without limitation any breach of the provisions of the AUP, without advanced notice. Travel Trade Weekly Ltd is not required to refund any fees paid or prepaid after such termination. Travel Trade Weekly Ltd may also terminate this Agreement for convenience at any time. Travel Trade Weekly Ltd will provide 30 days' advanced written notice of any termination for convenience.
- 2) Acceptable Use.
- a) Customer represents that it has read the AUP, and Customer will adhere to its requirements.
- i) Without limiting the generality of the foregoing, Customer will not allow the Service or Travel Trade Weekly Ltd to be used for activities prohibited by the AUP. Third party violations of the AUP using Customer's Service, including, points of access to the Internet, systems, software, to Customer, will be considered violations by Customer.
- ii) Notwithstanding any provision to the contrary in this Agreement, and without limiting any of Travel Trade Weekly Ltd's rights or remedies, Travel Trade Weekly Ltd may suspend Service in whole or in part in the event that Travel Trade Weekly Ltd reasonably suspects an AUP violation. Reasonable suspicion pursuant to the preceding sentence includes, without limitation, a third party notice or claim that Customer's use of the Service infringes on third party rights. Travel Trade Weekly Ltd will make reasonable efforts to notify Customer before any such suspension, unless the AUP violation calls for immediate action to prevent injury or liability, in Travel Trade Weekly Ltd's opinion and at its sole discretion. Suspension pursuant to this Subsection 4(a)(ii) may continue so long as Travel Trade Weekly Ltd reasonably suspects an AUP violation. Travel Trade Weekly Ltd is not liable for any Service suspension authorized by this Subsection 4(a)(ii), or for any related loss, even if the suspected AUP violation did not occur.
- iii) Travel Trade Weekly Ltd has no obligation to monitor the Service for AUP violations or for other illegal or improper conduct but may do so and may disclose information regarding use of the Service for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers. Travel Trade Weekly Ltd may grant law enforcement agencies access to its equipment, including equipment used to provide the Service to Customer.
- 3) Service Levels & Remedies.
- a) Travel Trade Weekly Ltd will not be liable for Service interruptions or any other Service failures. In the event of hardware failure:
- i) Travel Trade Weekly Ltd will make reasonable efforts to recover lost data, but data-recovery is not guaranteed; and
- b) All Service features, are provided pursuant to the provisions of Section 8 below and the other terms and conditions of this Agreement.
- 4) Maintenance & Security.
- a) Travel Trade Weekly Ltd may interrupt Service to perform maintenance on Travel Trade Weekly Ltd equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. Travel Trade Weekly Ltd will exercise reasonable efforts to inform the Customer before interrupting Service and to repair the Service promptly.
- b) The Customer will promptly report any Service failure to Travel Trade Weekly Ltd via email. Travel Trade Weekly Ltd is not responsible for providing physical access to or copies of software, data, or content stored on Travel Trade Weekly Ltd's equipment under any circumstances and is not required to provide access
- i) after any termination or suspension of the Customer's Service or
- ii) in the event of hardware failure, abuse by hackers or other third parties, improper administration by the Customer, or other interruption of network access.
- 5) Private and Confidential Information.
- a) Travel Trade Weekly Ltd will adhere to the provisions of the Privacy Policy. Travel Trade Weekly Ltd is not responsible for use or misuse of data by any third party, including without limitation providers of Third Party Products and Services. Travel Trade Weekly Ltd may notify Customer of leaks or exposure of private data, but except to the extent required by law, Travel Trade Weekly Ltd is not required to provide such notification.
- b) The Customer will not use Confidential Information (as defined below) for any purpose other than to facilitate the Service. Except as specifically authorized in writing in advance by Travel Trade Weekly Ltd, the Customer will not disclose Confidential Information to any third party, and will prevent any such disclosure of Confidential Information in the Customer's possession or control. Without limiting the generality of the foregoing, the Customer will take reasonable precautions to protect Confidential Information and will not disclose Confidential Information to any of its employees or contractors who do not need to know. Notwithstanding the foregoing, the Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority; provided the Customer gives Travel Trade Weekly Ltd advanced notice reasonably sufficient to allow Travel Trade Weekly Ltd to seek a protective order or otherwise to contest such required disclosure, and reasonably cooperates in such effort. The Customer will promptly notify Travel Trade Weekly Ltd in writing of any misuse or misappropriation of Confidential Information that comes to the Customer's attention and will cooperate with Travel Trade Weekly Ltd in investigating any such misappropriation and in mitigating any damages caused. Upon termination of this Agreement or upon Travel Trade Weekly Ltd's written request, the Customer will return all Confidential Information to Travel Trade Weekly Ltd and certify, in writing, the destruction of any copies thereof.
- i) "Confidential Information" refers to any information Travel Trade Weekly Ltd provides to the Customer in any form and marks "Confidential," and any information Travel Trade Weekly Ltd discloses orally and identifies as "Confidential" on or before disclosure. However, Confidential Information does not include information that: (A) is in the Customer's possession at the time of original disclosure by Travel Trade Weekly Ltd; or (B) becomes known publicly, before or after disclosure, other than as a result of the Customer's improper action or inaction.
- ii) The Customer agrees that breach of the provisions of this Subsection 7(c) might cause Travel Trade Weekly Ltd irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, Travel Trade Weekly Ltd will be entitled to preliminary, temporary, and/or permanent injunctive relief against such breach or threatened breach, without the necessity of proving actual damages.
- 6) Warranties, Disclaimers, & Limitations of Liability.
o a) We endeavour to provide the best service we can, but the TRAVEL TRADE WEEKLY LTD service is provided “as is” basis, without express or implied warranty or condition of any kind, thus you use the applications services on your own risk. TRAVEL TRADE WEEKLY LTD MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Travel Trade Weekly Ltd does not warrant that the Service will be uninterrupted, or error-free,. The Service is provided with no warranties regarding protection from attacks, data integrity, or data availability. No communication between the Customer and Travel Trade Weekly Ltd will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section 8 or elsewhere in this Agreement. As used in the previous sentence, "communications" include, without limitation, marketing materials and representations of salespeople, advice provided by Travel Trade Weekly Ltd or any of its representatives, quotes, the Customer's Signup, and any work order or other ordering document.
o b) TRAVEL TRADE WEEKLY LTD WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
o c) Except to the extent specifically provided in Section 5 above, and except to the extent that applicable law specifically forbids such limitation of liability, TRAVEL TRADE WEEKLY LTD WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY TRAVELTRADEWEEKLY LTD EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING:
- i) SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO THE CUSTOMER DATA OR TO ASSIGNED TERMINALS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO TRAVEL TRADE WEEKLY LTD,
- ii) RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF PERSONALLY IDENTIFIABLE INFORMATION OR OTHER PRIVATE DATA, INCLUDING DATA BELONGING TO THE CUSTOMER'S OWN CUSTOMERS AND OTHER USERS;
- iii) DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION BY OTHER TRAVE TRADE WEEKLY LTD CUSTOMERS;
- iv) LOSS OF DATA OR LOSS OF ACCESS TO DATA;
- v) ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER TRAVEL TRADE WEEKLY LTD CUSTOMERS AND THIRD PARTY PRODUCTS AND SERVICES PROVIDERS;
- vi) ACTIONS OF TRAVEL TRADE WEEKLY EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES;
- vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ACCIDENTAL DISCONNECTION AND TERMINATION OF SERVICE; AND
- viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE.
- d) THE LIABILITIES LIMITED BY THIS SECTION 8 APPLY:
- i) TO LIABILITY FOR NEGLIGENCE;
- ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;
- iii) EVEN IF TRAVEL TRADE WEEKLY LTD IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND
- iv) EVEN IF THE CUSTOMER'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Travel Trade Weekly Ltd's limitations and exclusions of liability and disclaimers of warranty, set forth in this Section 8 and elsewhere in this Agreement apply equally to Travel Trade Weekly Ltd's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. The Customer acknowledges and agrees that Travel Trade Weekly Ltd has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between Travel Trade Weekly Ltd and the Customer.
- 7) Indemnity.
The Customer will defend, indemnify, and hold harmless Travel Trade Weekly Ltd (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from a claim by any of the Customer's customers or users, or any other third party, arising out of or related to the Customer's use of, misuse of, or failure to use the Service, including without limitation:
- a) alleged Customer conduct that would breach this Agreement, including alleged infringement of intellectual property or privacy rights and other AUP violations;
- b) security breaches or other alleged faults in the Service, faults leading to the release or exposure of personally identifiable information or other private data
- c) any action taken by Travel Trade Weekly Ltd as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys' fees.
- 8) Miscellaneous.
- a) Title and intellectual property rights to the Service and all components thereof are owned by Travel Trade Weekly Ltd and its licensors and suppliers. This Agreement does not grant the Customer a license to any software used to provide the Service or associated with the Service (collectively, "Software"), or to any other software, by implication, by estoppel, or otherwise. Without limiting the generality of the foregoing, the Customer will not reproduce, reverse engineer, decompile, or disassemble the Software. The logos, service marks, and trademarks (collectively, "Trademarks") displayed on Travel Trade Weekly Ltd's website and through the Service, whether or not registered, belong to Travel Trade Weekly Ltd and its licensors and suppliers. Neither this Agreement nor any Travel Trade Weekly Ltd website grants a license to any Trademark, by implication, by estoppel, or otherwise. Travel Trade Weekly Ltd may include the Customer's name in any list of the customers used for marketing or other purposes.
- b) The Customer is responsible for maintaining the confidentiality of its usernames and passwords, and the Customer will not transfer or sell to any third party such usernames or passwords, or Customer's access to the Service.
- c) Travel Trade Weekly Ltd is not obligated to sell the Customer any Service feature not listed in the packages section, or to provide more Service than required by such Signup.
- d) All written communications to the Customer will be deemed delivered if sent to the contact points provided to Travel Trade Weekly Ltd at the time of order, or to such other contact points as the Customer provides in writing. Customer will include a valid e-mail address with such contact points. All written communications to Travel Trade Weekly Ltd will be mailed to the Customer, unless Travel Trade Weekly Ltd notifies the Customer in writing of alternate contact information, except to the extent that this Agreement provides that such communication will be made through the Customer Portal.
- g) Travel Trade Weekly Ltd may revise this Agreement from time to time by posting an amended version at the directoryoffers.traveltradedaily.com website and sending the Customer written notice thereof.
- i) to resolve any complaint regarding the Service or receive any further information regarding the Service, the Customer should contact Travel Trade Weekly Ltd at the contact points provided on Travel Trade Weekly Ltd's website under "Contact Us"; and
- j) The Customer will not use the Service in any way that violates applicable laws or regulations.
- k) No delay, failure, or waiver of either party's exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
- l) In the event of any conflict between these Terms of Service and any other element of this Agreement, or any ordering document or statement of work, these Terms of Service will govern.
- m) The Customer may not assign this Agreement or any of its rights or obligations hereunder without Travel Trade Weekly Ltd's express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
- n) If any provision of this Agreement is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.
- o) This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.
9) Applicable Law,/Jurisdiction
This Agreement is to be construed in accordance with and governed by the internal laws of Cyprus without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the Cyprus to the rights and duties of the parties. The parties hereby consent to personal and exclusive jurisdiction and venue of the courts of the Cyprus.
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