Your Preferred Tours, (hereinafter also referred to as “Company”, “we”, “our” or
“us”)
operates yourpreferredtours.com (“Website”) and provides travel and tour or
related services to
our clients. (”Services”).
These Terms and Conditions (“Terms”) govern the Services and use of the Services
provided by
the Company By accessing and/or otherwise using the Services in any manner, you,
therefore,
agree that you have read and accepted these Terms. We reserve the right to modify these
Terms,
without notice, at any time. You understand that your continued use of the Services
after these
Terms have been modified constitutes your acceptance of these Terms as amended.
Regularly checking and reviewing this page ensures that you are updated on the terms and
conditions governing your use of the Services.
If we believe that the modifications are material, we will notify you of the changes by
posting a
notice on our Website, or emailing you at the email address provided to us by you, and
as we
may deem appropriate. What constitutes a material change will be determined by us, at
our sole
and absolute discretion.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a Company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that Company or other legal entity to these Terms.
We are not responsible if the information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Prices for the Services listed on our website are subject to change without notice. We
reserve the
right at any time to modify or discontinue the Service (or any part or content thereof)
without
notice at any time. We shall not be liable to you or to any third party for any
modification, price
change, suspension, or discontinuance of the Services.
If you purchase any services from us, you agree to pay the full amount for the service,
and any
applicable taxes, in a timely manner. The customer is responsible for any applicable
taxes or
duties associated with the travel and tour services provided by our business.
You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the platform and in Your private messages. Please be advised that such content posted does not reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from use of content and/or appearance of the content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of the Privacy policy. Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt out anytime by unsubscribing. Refer to our Privacy Policy and Cookie Policy.
You understand and agree that sending unsolicited email advertisements to Company’s email addresses or through Our computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Our computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide. All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.
The information displayed on website is provided voluntarily and is made available in
good faith
and for general information purposes only.
While we endeavour to keep the information up to date and correct, we make no
representations
or warranties of any kind, express or implied, about the completeness, accuracy,
reliability,
suitability, or availability with respect to the website or the information, materials,
content,
videos, services, or related graphics contained on the website for any purpose. Any
reliance you
place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation,
indirect or
consequential loss or damage, or any loss or damage whatsoever arising from loss of data
or
profits arising out of, or in connection with, the use of this website.
VIRUSES : We do not represent or warrant that any files obtained from or through
this
Platform
or a linked website or application are free from computer viruses or other defects. We
accept no
liability for the presence of computer viruses or other defects.
Your use of the Website, Content and Services is at your sole discretion and risk. The
Website,
Content and Services, and any product made available through the foregoing, are provided
on an
“as is” and “as available” basis without warranties of any kind.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, OR WITH RESPECT
TO ANY PRODUCT MADE AVAILABLE THROUGH THE FOREGOING, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY,
RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND
SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT
ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF
OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION PROVIDED BY THE SITE AND SERVICES.
We are not responsible for any incorrect or inaccurate Content posted on the Website or
in
connection with the Services, or transmitted by any User, whether by users of the
Services or by
any of the equipment or programming associated with the Services. We take no
responsibility for
third party advertisements which are posted on this Website or through the Services, nor
does it
take any responsibility for the services provided by its advertisers. No advice or
information,
whether oral or written, obtained by you from us, shall create any warranty not
expressly stated
in these Terms. If you choose to rely on such information, you do so solely at your own
risk.
Some states or jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some
of the above exclusions may not apply to you. Check your local laws for any restrictions
or
limitations regarding the exclusion of implied warranties.
To the maximum extent permitted by law, our Company, its affiliates, partners, officers, directors, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of our website or any content, services accessed from or through our website, (ii) your inability to access or use our website or any content, services accessed from or through our website, (iii) any conduct or content of any third party on our website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties, (iv) any content obtained from or through our website, or (v) unauthorized access, use or alteration of your transmissions or content. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. To the extent permitted by applicable law, you hereby release and waive all claims against our Company, its affiliates, partners, officers, directors, agents, and employees from any and all liability for claims, damages, expenses, or losses arising out of or in any way related to your use of our website or any content, services accessed from or through our website.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO THE PURCHASE OF SERVICES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PURCHASED SERVICES WILL BE THE REFUND BY THE COMPANY OF THE AMOUNT YOU PAID FOR SUCH SERVICE(S).
In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. The Company shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws. The Company disclaims all liability arising out of such unauthorised use of the Platform and any third-party liability arising out of Your use of the Platform if You are a minor.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of the United States of America and shall have exclusive jurisdiction over any dispute arising under this Agreement.
Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to Company’s email id in accordance with the above-mentioned Clause. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Laws of the United States of America. The Place for alternative dispute resolution is in the United States of America.
Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.
Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."
Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Amendments -Notwithstanding anything contained hereinbefore, The Company may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
Force Majeure -No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.
You may direct questions concerning these terms and conditions by email to
info@yourpreferredtours.com by adding the word ‘Terms’in the subject line.
Thank you for choosing our travel and tour services.
Last Updated: March 3, 2023.