Terms and Conditions
These are the Terms and Conditions of Service and Privacy Policy ("Terms") which govern the use of the sites owned or operated by Simon George Travel (UK), including but not limited to www.ezeres.com. These terms contain important information about your position under applicable law and regulations when using these sites. Please read these Terms carefully. By accessing these sites, you agree to be bound by these Terms, as amended from time-to-time, regardless of whether you register as a user. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on these sites. If you have any questions, please contact the publisher at enquiries@ezeres.com.
1.
Introduction
This
Site is owned and operated by Simon George Travel (UK). The Site may be
supported by sponsoring organisations and advertisers ("the Sponsors") whose
names appear on the Site and whose own sites can be accessed by Internet
links from the Site.
2.
Conditions of Use and Intellectual Property
2.1 All rights in the material on the Site and news by e-mail (together "the
Content") Simon George Travel (UK) ('SGT') or its third party licensors and
are protected by copyright, trademarks, service marks and/or other
proprietary rights and laws of the UK and other countries. All individual
articles, columns, emails and other elements on the Site are also copyright
works and you agree to abide by all applicable copyright and other laws, as
well as any additional copyright notices or restrictions contained on the
Site or in these Terms. The business may license third parties to use the
Content in its sole discretion.
2.2 You agree to use the Site and the Content solely for your own use and
benefit and not for resale or other transfer or disposition to any other
person or entity. You further agree not to use, transfer, distribute or
dispose of any Content in any manner that might compete with the business of
SGT.
2.3 Subject to the above, you may retrieve and display Content from the Site
on a computer screen, print individual pages on paper (but not photocopy
them) and store such pages in electronic form on disc (but not on any server
or other storage device connected to a network) but you may not reproduce,
modify or exploit any of the Content for commercial purposes.
2.4 If it is brought to our attention that you have indeed sold, published,
distributed, retransmitted or otherwise provided access to article(s) from
the Content to anyone without the prior written permission from SGT, we will
invoice you for a copyright abuse penalty fee of $1,000/£500 per article,
which will be payable immediately upon receipt of the invoice. Any request
for permission to reuse, repurpose, republish or reprint can be sent to the
publisher at
legal@ezeres.com
2.5
ezeres.com is a mark and may not be used without the business's express
written permission.
2.6 You are responsible for procuring the necessary equipment and the
payment of telephone and other charges necessary to access the Site.
3.
Registration
3.1
In order to access some elements of the Site, you may need to follow a
registration process and select a User ID and password. You will provide SGT
with certain necessary details, all of which must be both accurate, complete
and up to date. It is your responsibility to update SGT immediately with any
changes to the information provided.
3.2 Your registration is personal to you and you are responsible for
maintaining the confidentiality of your password and User ID. You shall be
responsible for all use of the Site made by anyone using that password and
User ID. Any unauthorized use of the Site and/or of your password and User
ID should be notified to the business immediately.
4.
Data Protection
SGT and you agree to comply with applicable data protection laws. Subject to
the Privacy Policy, which forms part of these Terms, normally, data relating
to you will not be disclosed to any third party unless you have specifically
agreed to this.
5.
Interactive Services
5.1
The Site may contain bulletin boards, discussion groups and other public
areas that allow interactivity between users and feedback to be provided to
SGT (together "Interactive Areas"). SGT does not control and is not
responsible for the information and/or materials posted to Interactive Areas
("Posted Material") but reserves the right without reference to any third
party to delete, move or edit any Posted Material or part thereof. It is a
condition of your access to the Site and to the Interactive Areas in
particular that you waive all rights (legal, moral or otherwise) in any
Posted Material.
5.2 You are responsible for the content of your Posted Material and must
comply with any additional rules which may, from time to time, be issued at
particular locations within the Interactive Areas. In particular, you may
not within the Interactive Areas:
(a) post,
publish or link to any specific matter which is or could be taken to be the
provision of advice;
(b) post, publish or link to any information obtained in breach of
confidence or which is otherwise contrary to applicable law or regulation;
(c) post, publish or link to any information or messages which are obscene,
defamatory, threatening, degrading or which infringe copyright or any other
rights of any third party or which are otherwise unlawful;
(d) post, publish or link to any advertising or promotional material or any
chain e-mails, "spam" or mail bombs;
(e) impersonate any person, company, group or entity or misrepresent a
relationship to or with any of the same;
(f) post or publish any information or messages containing a virus or other
harmful component;
(g) disguise the origin of any message;
(h) collect or store other users' personal data; or
(i) prevent or restrict the use of the Site and the Interactive Areas by
other users..
5.3 By accessing the Interactive Areas, you agree to indemnify and hold
harmless on demand SGT from all claims, costs and expenses (including legal
and other professional fees) which SGT might suffer arising out of any of
your Posted Material.
5.4 You acknowledge that SGT does not have control over the users posting
messages to the Interactive Areas. As a result, SGT cannot guarantee the
veracity or accuracy of Posted Material. All use of the Interactive Areas is
at your risk. You should not rely on Posted Material in any way.
5.5 Representatives of SGT may also submit Posted Material to the
Interactive Areas. In doing so, such representatives shall act in a personal
capacity and any views they might express shall not be considered as the
views of SGT nor as the views of a professional advisor.
5.6 You hereby agree to grant SGT a non-exclusive, perpetual, royalty-free
license to use, reproduce, modify, license all or part of your Posted
Material, including to license third parties to use the same.
6.
Linking
6.1 You may create a link from your web site to the home page of the Site
provided that you do not link to the Site from any site containing obscene,
defamatory, threatening or degrading material or material which infringes
the intellectual property or other rights of any third party or which is
otherwise unlawful.
6.2 Upon linking to the Site pursuant to these Terms, SGT shall grant you a
non-exclusive, non-transferable, royalty-free license to use the ezeres.com
mark solely for the purposes of providing an underlined, textual link from
your web site to the Site. No other use of the ezeres.com marks or name is
permitted without the express prior written permission of the business.
6.3 The potential linking to an internal or subsidiary page of the Site
located one or several levels down from the home page ("Deep Linking") or
the bringing up of or presenting Content within another web site ("Framing")
is not permitted without our prior written permission. You must seek and
obtain the prior written permission of Panacea before Deep Linking or
Framing the Site or any Content by contacting SGT providing:
(a) your
name, e-mail address and telephone number;
(b) the name of your company;
(c) the web address(es) where the proposed Deep Linking or Framing will
occur;
(d) specific details about the contemplated Deep Linking or Framing.
7.
Links to External Sites
7.1 The Site may contain links to other web sites provided by Sponsors or
other independent third parties ("External Sites"), either directly or by
framing. SGT shall endeavour to highlight such links. SGT shall not be
responsible for the availability or content of External Sites and will not
be a party to, or responsible in any way for, any arrangements regarding
goods or services available from such External Sites.
7.2 The Site may be used to purchase products or services from SGT's third
party partners or Sponsors. Any such contracts will be exclusively between
you and the relevant third party or Sponsor and SGT shall not be responsible
in any way for any costs, claims, damages and liability arising in relation
thereto, even if the contract in question was entered into through the Site.
8.
E-mail
SGT may give the option to subscribe to its e-mail news service through the
Site. Your use of that service and any Content shall be subject to these
Terms.
9.
Third Party Content
The
Site may, from time to time, contain contributions from independent third
parties as well as advertising and sponsorship. Each such third party,
advertiser and/or Sponsor shall be responsible for all aspects of the
material they submit and SGT shall accept no responsibility for any errors
or inaccuracies in any such material.
10. Competitions and Prizes
From time to time, SGT may run competitions, prize draws and promotions
on the Site. These shall be subject to additional terms and conditions
applicable in each individual instance and which shall be made available at
the time of such competitions.
11.
Changes
SGT shall have the right at any time, in its sole discretion, to make
modifications, additions or deletions to the Site, the Content, the
Interactive Areas and these Terms. Any changes to these Terms will be
notified to you by e-mail or by publishing the revised Terms on the Site. By
continuing to access the Site following a change to the Terms, you agree to
be bound by any changes thereto.
12.
Representations, Warranties and Indemnities
12.1 You represent, warrant and undertake that: (a) you have the capacity to
enter into this agreement; (b) you are at least eighteen (18) years of age;
(c) you will not infringe the copyright or any other intellectual property
rights of SGT; (d) you will comply fully with the Terms; (e) you will not
copy, reproduce, recompile, decompile, disassemble, reverse engineer,
upload, download, transmit, create derivative works from or otherwise
exploit the Site or any software which is proprietary to SGT or any of its
third party partners.
12.2 You hereby agree to indemnify and hold harmless SGT and keep SGT fully
and effectively indemnified on demand against all costs, claims, damages,
liability and expenses (including any professional fees) which SGT might
suffer by reason of a breach by you of the Terms and in particular any of
the above representations. For the avoidance of doubt, this indemnity shall
extend to any losses which SGT may suffer as a result of the use by third
parties of your password and User ID except in circumstances where you can
demonstrate to SGT's satisfaction that such third party obtained the
relevant details through no fault of your own.
13.
Disclaimer and Limitation of Liability
13.1 The Content on the Site is provided by SGT for your general information
only, is provided on an "as is" basis and is not intended to address your
particular requirements. In particular, the Content does not constitute and
form of advice or recommendation and should not be relied on in making (or
refraining from making) any specific personal or business decision. You and
your clients should seek independent advice before making any such
decisions. All arrangements made between you and any third party named on
the Site are at your sole risk and responsibility.
13.2 SGT makes no warranties or representations, whether express or implied,
in relation to the Site, including but not limited to implied warranties or
conditions of completeness, accuracy, satisfactory quality and fitness for a
particular purpose.
13.3 SGT also makes no warranty that the Site will meet your requirements or
that your use of the Site will be uninterrupted, timely, secure or
error-free.
13.4 SGT obtains the Content from a number of sources and disseminates the
same over the Internet (or other interactive electronic platform). As a
result, SGT is not able to and gives no warranties in respect of the Site,
software and / or the Content. The Site is provided on an "as is" basis and,
to the extent permitted by law, any implied warranties of merchantability or
fitness for purpose and any warranties relating to accuracy, completeness,
standard of workmanship and level of care and attention are expressly
excluded.
13.5 To the extent permitted by law, you agree that SGT shall not be liable
for any consequential or incidental damages (including but not limited to
any financial loss and loss of business or profits) or for failure to meet
any duties even if SGT or its representatives have been advised of the
possibility of such damages arising.
13.6 In the event of any damages arising out of your use of the Site, you
agree that such damages shall be limited to the higher of the total amounts
paid by you to SGT in the last month and the sum of £200.
13.7 Notwithstanding any other provisions of the Terms, nothing shall limit
SGT's liability in respect of death or personal injury caused by SGT's
negligence.
14.
Privacy Policy
Please read the
Privacy Policy, which is part of these Terms, and to which you consent.
15. Term and
Termination
15.1 Use of and access to the Site is not subject to any particular time
limits. Without prejudice to the accrued rights of any party, these Terms
may be terminated at any time by either party without cause. You may
terminate these Terms by simply discontinuing your use of the Site. SGT may
terminate these Terms and your use of the Site at any time by electronic
notice. These Terms shall terminate automatically without notice from SGT in
SGT's sole discretion, in the event you commit a breach of any provision of
these Terms.
15.2 Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and
24 of these Terms shall survive a termination of the Terms and shall remain
in full force and effect thereafter.
16.
Changes
SGT reserves the right to modify, delete or change any aspect of the
Content, the Premium Content, the Interactive Areas, the Site and / or any
of the technical specifications of any aspect of the same. You agree and
acknowledge that such changes may result in you being unable to access the
whole or any part of the Site.
17.
Force Majeure
SGT
shall have no liability for an event of Force Majeure, that is an event or
set of circumstances that is or are outside the reasonable control of SGT.
18.
Headings
The paragraph headings in these Terms are used solely for the sake of
convenience and shall not have any legal or contractual significance.
19.
Entire Agreement
These Terms, as amended from time to time, and any other terms of business
on the Site shall constitute the entire agreement between you and SGT in
relation to your use of and access to the Site.
20.
Access outside of the UK
SGT does not represent that the Content shall be appropriate or available
for use outside of the United Kingdom. If you access the Site from outside
of the United Kingdom, it is your responsibility to ensure compliance with
any foreign and local laws and requirements.
21.
Severability
If
any provision of these Terms is held to be invalid or unenforceable, then
the remaining provisions of the Terms and of the paragraph in question shall
remain in full force and effect.
22.
Notices
Any
notice which SGT or you are required to give pursuant to these Terms shall
be made by e-mail or first class post, in the case of you, to the address
provided on your registration form and, in the case of us, to the address
posted on the Site.
23.
Waiver
No delay or omission on the part of SGT in exercising any right, power or
remedy under these Terms shall impair or detract from such right, power or
remedy or operate as a waiver thereof.
24.
Governing Law
These Terms shall be governed by and construed in accordance with English
law. By accessing the Site, you agree to submit to the exclusive
jurisdiction of the English Courts.
25. Simon George Travel (UK) PRIVACY POLICY
SGT collects information from our Users during the registration process and,
occasionally, at other times. We try and make the process as rapid and
straightforward as possible and we are grateful for the information our
Users provide. The more accurate the information we receive from each User,
the more specific we can be in our ongoing contact with them. This Privacy
Policy sets out our information-gathering and dissemination practices for
the Site.
Data
Protection
The
Site will comply with the relevant English Data Protection laws, so normally
any personal details to be provided to us will not be disclosed to third
parties outside SGT without the User's consent. (please see paragraph 4 of
the Terms, Data Protection).
Users should be aware and accept that, if SGT is requested by authorized
third parties or regulatory or governmental agencies investigating illegal
activities to provide information concerning Users activities whilst using
the Site, the business shall do so.
Similarly, SGT will disclose Users' personal data if SGT is compelled to do
so by law. SGT reserves the right to notify or provide such information to
the relevant authority if, in our sole opinion, SGT believe an emergency,
illegal activity or some other reasonable basis exists for us doing so.
SGT reserves the right to store and use Users' personal data solely for its
own internal purposes and business further reserve the right to access,
monitor and retrieve password-protected information in order to fulfill our
obligations in these terms and conditions.
Uses
of Registration Information
Registration information we receive from Users is used by SGT as follows:
(a) to allow
us to ensure your continued access to the Site;
(b) to allow us to develop the site in ways that you will find relevant and
interesting;
(c) to let us tell you about new material we have produced that is of
relevant and interest to you;
(d) to provide our Sponsors with aggregate information about our User base
and usage patterns.
When you register, you can choose not to be contacted by us in this way. Any
of our Users can also contact us at any time to ask to be removed from our
User list. If you wish to remove your details, you should contact us.
On registration, you will be provided with an opportunity to opt-out of
receiving information from SGT and our partners and Sponsors.
Cookies
Users should be aware that SGT uses cookies to identify registered users who
return to the Site. It enables us to deliver tailored content to each of our
Users and lets you store your own selection of material for future use. Some
company networks block cookies which means that not all Users can enjoy
these personalised components of the Site.
Security
SGT operates secure data networks protected by industry standard security
systems.
Simon George Travel (UK)