terms and conditions
for the use of this website
-
1. General
1.1 This website is owned and operated by Wasabi Travel Ltd trading as Wasabi, registered office 33 Throgmorton Street, London, EC2N 2BR (“Wasabi”, “we” or “us”).The following are the terms and conditions applicable to access to and/or use of the Wasabi website (the “Site”). By gaining access to and/or using the Site, you (the “Customer”, “you” or “your”) confirm that you have read these terms and conditions and agree to comply with them and with any variations made from time to time by Wasabi.
1.2 You will be deemed to have read and accepted these terms and conditions, including any changes, each time you use the Site. Wasabi reserves the right to change these terms and conditions at any time without notice and at our sole discretion.
-
2. Sharing your Content and Information
2.1 “my.wasabi” is the online community created by Wasabi and provides you the opportunity to create your personal area on the website.
2.2 You confirm and warrant [and must confirm by ticking a box before sharing] that you own all of the content and information you post on my.wasabi. You must not post content belonging to any other person.
2.3 Subject to condition 2.4 below, you can control how we share your content through your settings. In order for us to use certain types of content and provide you with my.wasabi, you agree to the following:
2.3.1 For content that is covered by intellectual property rights, like photos and videos ("IP content"), and subject to your account settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use and exploit any IP content that you post on or in connection with my.wasabi ("IP Licence"). This IP Licence ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
2.3.2 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
2.3.3 We reserve the right to remove from the Site any information supplied by you, or to prevent you from accessing or using the Site, whether temporarily or permanently, at our sole discretion. We do not have to give you a reason for doing this. We may immediately delete any information from the Site which we consider to breach these terms and conditions or to be unacceptable for any reason.
2.3.4 We always appreciate your feedback or other suggestions about my.wasabi, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
2.4 It is a condition of this contract that all content on your homepage will be available to be shared and will be visible to all visitors to the site. You confirm that you understand and agree to this. For the avoidance of doubt, conditions 2.3.1 to 2.3.4 above apply to such content.
3. Your Use of the Site, Rights and Responsibilities
3.1 The information and materials on the Site (“Information”) are provided for the personal use of customers or potential customers of Wasabi to review information about its services. You are authorised to visit, view and keep copies of pages on the Site for your own personal use only.
3.2 You will keep your registration details (including your password and log-in) secure and will not give them to any other person. You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorisation, you must tell us immediately.
3.3 You will not use the Site in a way which:
3.3.1 breaches any applicable law or regulation;
3.3.2 breaches any copyright, trademark or other intellectual property rights, whether belonging to us or to any third party;
3.3.3 involves copying, downloading, publishing or distributing any Information for any purpose not authorised by these terms and conditions
3.3.4 offers or uses any of the Information for public display, performance, sale or rental transfer;
3.3.5 breaches or attempts to breach the security of the Site (including but not limited to: modifying or attempting to modify any Information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);
3.3.6 involves any ‘intelligent agent’ software, engine or other device to search or navigate the Site;
3.3.7 violates the privacy or other personal rights of others;
3.3.8 is abusive, threatening, harassing, obscene, libellous, offensive, sexist, racist or discriminatory;
3.3.9 causes a nuisance, inconvenience or anxiety to any person;
3.3.10 impersonates another person; or
3.3.11 uses the Site on its own or in conjunction with other web-sites to sell or re-sell any products or services
3.3.12 is or appears to be promoting your own products or services or those of any third party, or linking any web-site to the Site.
3.4 You will not post any material that breaks any of the rules above, or which is sexually explicit (whether text or images), or relates to chain letters or pyramid schemes or advertisements or promotions. You will not do anything that deliberately or recklessly prejudices the reputation of Wasabi.
3.5 Wasabi will not become involved in any disputes between Customers. However, should you find that any Customer’s actions or behaviour may be unlawful, harmful or disturbing, please contact Wasabi so that it may, in its sole discretion, take such action as it deems necessary including but not limited to the termination of the offending Customer’s account.
3.5 You agree to fully indemnify us for all loss, damage, claims, actions or demands arising out of your use or misuse of this Site, or any breach by you of these terms and conditions.4. Commercial Use of the Site
4.1 Any commercial use of the Site or of any of the Information, in any way, is strictly prohibited unless under licence and with the prior written consent of Wasabi, the copyright holders.5. Intellectual Property
5.1 The Site and any property belonging to or associated with Wasabi services, including any trade mark or trade name, logos and software, and all Information and other content on the Site (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times the property of Wasabi and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
5.2 Except as expressly permitted by these terms and conditions, none of the Information nor any such content may be reproduced, copied, edited, published, transmitted or downloaded in any way without the prior written consent of Wasabi. Nor does Wasabi grant any express or implied right to you under any of its trademarks, copyrights or other proprietary rights.
5.3 Wasabi logos or any other image bearing the Wasabi name that are found on the Site are trademarks of Wasabi. They may not be used without the prior written consent of Wasabi.6. Data Protection and Privacy
6.1 Wasabi will take appropriate measures to ensure that your personal data is kept secure.
6.2 We will not share your personal information with any third parties outside of our organisation and our appointed representatives, except with your permission. For the avoidance of doubt, we will not sell, trade or rent any of your personal information to third parties.
6.3 By providing us with your personal data you consent to Wasabi processing your sensitive personal data for the purposes of providing our services. You also understand that such data will be used for communicating with you regarding your account and for statutory, accounting and archival purposes.
6.4 However, we may gather, use and share with third parties certain anonymous information and statistics about our users and visitors, in aggregate form only, and in order to help us improve our service.7. External Links
7.1 You may from time to time be provided with links to other websites through use of the Site. These are provided as a convenience to you. These sites are not controlled by Wasabi in any way and Wasabi is not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.8. Termination
8.1 Failure to comply with these terms and conditions may result in the termination of your right of access to the Site by us (without refund or further notice to you), including your right to use the Site in the future, along with any other rights which you may have acquired.
8.2 Furthermore, we may require you to destroy any information downloaded, printed or otherwise copied from the Site and you agree to comply immediately with any such request. We may also cancel any orders placed by you.9. Disclaimer
9.1 Accuracy of Information
9.1.1 The Information is provided on an ‘as is’ and ‘as available’ basis. While we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you. The presence of Information about any specific package or experience does not promise or imply that such package or experience may be replicated in the future. All express or implied warranties of any kind (including warranties of merchantability, fitness for purpose and non-infringement of the intellectual property of a third party) are excluded to the fullest extent permitted by applicable law.
9.1.2 Wasabi makes no representation or assurance of uninterrupted or error free service, nor do we guarantee the availability of the Site at any time. Wasabi may change the Information from time to time without notice and makes no commitment to keep the Information up-to-date nor any representation or warranty as to the currency, accuracy or completeness of the Information.
9.2 Use of the Site
9.2.1 Use of the Site is at your own risk. While Wasabi endeavours to ensure that the site is secure we cannot guarantee the security of your personal information, nor that the Site (or any site to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access.
9.2.2 Wasabi excludes to the fullest extent permitted by applicable law all liability for any loss, claim, expenses or damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of additional revenue or other indirect, consequential or economic losses) directly or indirectly arising out of the use or inability to use the Site or the Information.
9.2.3 Wasabi is not responsible for the acts or omissions of any Customers, other users of the Site, advertisers on the Site or other third parties connected with the Site.
9.3 Nothing in these terms or conditions limits or excludes Wasabi’s liability for death or personal injury caused by its proven negligence.
9.4 The Site is controlled and operated by Wasabi from its offices in England. Wasabi does not represent or warrant that the Information is appropriate or available for use in other jurisdictions and access to the Information from jurisdictions where its contents are illegal is prohibited. You may only use this Site for lawful purposes and in accordance with these terms and conditions.10. Rights of Third Parties
10.1 A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available outside of the Contracts (Rights of Third Parties) Act 1999.11. Governing Law
11.1 These terms and conditions are to be governed by and construed in accordance with English law and any dispute or question in connection with them will be subject to the exclusive jurisdiction of the Courts of England and Wales.
11.2 This document was last revised on 25 August 2009.12. Registered Office
12.1 Wasabi Travel Ltd, 33 Throgmorton Street, London, EC2N 2BR