EFFECTIVE DATE: 5 May 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.
1.1. The website, at https://travelscams.org (”we” “us” “our” or “the Company”) offers the information, tools and service (“the Services) to you in accordance with these Terms and Conditions (“the/these Terms”).
1.2. Any person who accesses and makes use of the Website (“you” “your” or “User”) shall be bound by these Terms, which establishes a contractual relationship between you and The Company. If you do not agree to these Terms, you may not access or use the Website, and, your continued use of the Services constitutes an express agreement to be bound by the Terms. These Terms expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms with respect to you, or generally, cease offering or deny access to the Website or any portion thereof, at any time for any reason.
1.3. Supplemental terms may apply to the Website. Supplemental terms are in addition to and shall be deemed a part of the Terms for the purposes of the Website. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Website.
1.4. The Company may amend the Terms related to the Website from time to time. Amendments will be effective upon The Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the Website. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
2. Your use of the Website
2.1. User Accounts. In order to use the Website, you must register for and maintain an active User Account. You must be at least 16 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a User Account. User Account registration requires you to submit to The Company certain personal information, such as your name, username and email address. You agree to maintain accurate, complete, and up-to-date information on your User Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Website or The Company’s termination of these Terms with you. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times.
2.2. You choose your own password which must be used with the email address used to register the account.
2.3. Registering an Account through Third Party Sites. You warrant that when accessing the Website through a third party application such as Google or Facebook, you are the lawful owner of such account.
2.4. Warranty of Authority. You warrant that you are legally and lawfully competent to agree to these Terms and are possessed of the necessary rights, power, and authority to legally bind yourself to these terms.
3. Personal Information
4. Intellectual Property
4.1. The Website and the Services, including any underlying technology and all intellectual property rights embodied therein, are owned by us and/or our licensors as the case may be.
4.2. You cannot modify any content obtained from the Website, including, any videos, images, illustrations, graphics or texts, for any reasons whatsoever. Should you wish to use any part of the content of the Website, you may only do so with the express written consent of the Company.
4.3. Travelscams.org and its associated logos, images, and marks are owned by the Company and may not be used without our prior written approval, unless it is shared on social media through sharing platforms such as Instagram, Twitter, Facebook and so forth.
5. User-Generated Content from User Accounts
5.1. You hereby grant us the worldwide, non-exclusive, perpetual irrevocable royalty-free right and license to publish, display, reproduce, modify, create derivative works of an commercially exploit any material information, reviews, articles or any other type of communication (collectively referred to as “User-Generated Content”) which you create on the Website as a Registered User. Such User-Generated Content may be freely used and disclosed to any of our third-party partners.
5.2. Users are liable for the User-Generated Content they publish on the Website.
5.3. Users warrant that all User-Generated Content posted on the Website is true and correct (where they state facts) or genuinely held (where they state opinions).
5.4. We have the express right to delete any User Generated Content for any reason whatsoever, without explanation, however, insofar as it is reasonably possible we will attempt to advise you as to why your information was deleted.
5.5. We may at any time request information from any User to verify or corroborate any information posted on the Website.
6. Restricted Activities
6.1. Users shall not under any circumstances:-
6.1.1. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;
6.1.2. grant or sell access to a third party to access your User Account, or impersonate or act as another User;
6.1.3. contravene any laws in the use of the Website;
6.1.4. link to, mirror or frame the Website or any portion thereof;
6.1.5. remove any copyright, trademark or other proprietary notice from any portion or aspect of the Website;
6.1.6. reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by the Company;
6.1.7. post User Generated Content that is racist, sexist, political, unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, pornographic, obscene, torturous or profane;
6.1.8. post any information which reveals any personal information of a person which can lead to that person being traced, impersonated or directly contacted including, the person’s name, address, phone number, email address, credit card information;
6.1.9. post any information which is of a marketing nature or for marketing purposes;
6.1.10. use the Website in a way that infringes any third party’s intellectual property rights;
6.1.11. use any robot, spider, site search/retrieval Website, or other manual or automatic or process to retrieve, index, scrape, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
7.1. Your User Account may be restricted, or terminated, without any further notice, on the following bases:
7.1.1 Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or any governmental organization;
7.1.2. Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms; or
7.1.3. Where the User engages in any restricted activity made reference to at Clause 6 above.
8. Force Majeure
8.1. The Company will not be held liable for any loss, damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any event that is beyond reasonable control of The Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer viruses breach of security and encryption or any other cause beyond the control of The Company.
9.1. Services obtained through the website is provided on an “as is”, “with all faults” and “as available” basis to the full extent permitted by the law. The company disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, the company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the website or any items requested or purchased through the use of the website, or that the website will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the website, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
10. Limitation of Liability
10.1. The company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the website, even if the company has been advised of the possibility of such damages. The company shall not be liable for any damages, liability or losses arising out of (i) your use of or reliance on the website or your inability to access or use the website; or (ii) any relationship between you and any user, even if the company has been advised of the possibility of such damages. The company shall not be liable for delay or failure in performance resulting from causes beyond the company’s reasonable control.
10.2. The limitations and disclaimer in this clause do not purport to limit liability or alter your rights as a consumer that cannot be excluded under any applicable law.
11.1. You agree to indemnify and hold The Company and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.
11.2. Users further agree to indemnify the Company for any claims made against us as a consequence of a User’s violation of these Terms, including the publication of malicious or misrepresented content, or any current or existing legislation.
11.3. The Services may be made available or accessed in connection with third parties affiliated with the Company, or whose affiliate programs are advertised through the Website, such as Booking.com, Agoda.com, worldnomads.com, Amazon.com, GetYourGuide.com, Klook.com or any other affiliate programs, accordingly, the Company shall not for any reason whatsoever, be liable for any loss arising from your use and access to the services provided by these third parties.
12. Governing Law
12.1. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to your use or access to the Website or these Terms, including those relating to its validity, its construction or its enforceability shall be settled by the exclusive jurisdiction of the courts.
13. Other Provisions
13.1 Claims of Copyright Infringement
Claims of copyright infringement should be sent to the Company’s designated email address [email protected] for the designated address and additional information. It is the Company’s policy to block access or remove material that it believes in good faith to be copyrighted and that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or Users.
The Company may give notice by means of a general notice on the Website, electronic mail to your email address in your User Account, or by written communication sent to your address as set forth in your User Account. You may give notice to The Company by written communication to The Company’s email address at [email protected]
13.3.1. You may not assign or transfer these Terms in whole or in part without The Company’s prior written approval. You give your approval to The Company for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, the Company or any third party provider as a result of the contract between you and the Company or use of the Website.
13.3.2. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”