Terms of use
Filed in archive Corporate by tj on September 25, 2006
Kinkaa provides its services solely via its website.
You hereby acknowledge the following:
You understand and agree that the service is provided "AS-IS" and that Kinkaa assumes no responsibility for the timeliness, deletion, mis-delivery of any information. Kinkaa solely provides this information on the basis of its own research and searches. Kinkaa is not responsible for any error or omissions. It can not be made liable for incorrect or missing information.
Limitations on Use
You warrant that you are 18 years of age or older. You agree that you will use the Service solely for your own personal, non-commercial purposes, and in accordance with these Terms. You agree that you will only use the Service to make legitimate inquiries, reservations or purchases.
Registration and Security
Some services will require the user to register and provide certain data. In consideration of your use of the Products and Services, in registering and providing such data, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction, and you warrant that:
- (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the registration form ("Registration Data") and
- (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kinkaa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kinkaa has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
Privacy Policy
Kinkaa has laid out its Privacy Policy in a separate document - you hereby acknowledge the recepit of this privacy pplicy.
Indemnity
You agree to indemnify and hold Kinkaa, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the these Terms and Conditions, or your violation of any rights of another.
Third Part Content
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties are those of the respective author(s) or distributor(s) and not of Kinkaa (the "Third Party Content"). Kinkaa neither endorses nor is responsible for monitoring, reviewing or the accuracy or reliability of such Third Party Content.
External Links
Kinkaa uses external links to other sites and travel providers. However Kinkaa does not endorse or validate any of these organizations or providers or attests to the correctness, factuality, appropriateness, or legality of the contents.
Warranty
All Kinkaa services are provided to you on an "as is" basis. Kinkaa makes every reasonable effort to maintain operation of the Kinkaa services and to provide correct, error free information. However because many events and circumstances are beyond the control of Kinkaa, Kinkaa does not in any way warrant or otherwise guarantee the availability or correctness or any other such issues whether due to the active or passive negligence of Kinkaa. Kinkaa may, at its sole discretion, limit or deny access to its servers, if, in the judgment of Kinkaa, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Kinkaa servers.
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials.
Limitation of Liability
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Kinkaa IN THE SIX MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY, BUT IN NO EVENT TO EXCEED $15,000. IN NO EVENT SHALL Kinkaa BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
Waiver
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
Indemnity and Release
By using the Kinkaa Products and Services you agree to indemnify Kinkaa, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Kinkaa Products and Services, your use of the Products and Services, or your submission of ideas and/or related materials to Kinkaa or from any person's use of any account or password you maintain with any portion of Kinkaa, regardless of whether such use is authorized by you. By using the Kinkaa Products and Services, or submitting any ideas and/or related materials to Kinkaa, you are hereby agreeing to release Kinkaa and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Kinkaa.
Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that if the event of a force majeure described in this Section extends for a period in excess of thirty (30) days in the aggregate, Kinkaa may immediately terminate this Agreement.
Choice of Law
This Agreement shall be interpreted under the laws of the United Kingdom, without regard to any conflict of laws provisions.
If you have any questions regarding these Terms of Use please contact us at mail - at - kinkaa.com.
You hereby acknowledge the following:
You understand and agree that the service is provided "AS-IS" and that Kinkaa assumes no responsibility for the timeliness, deletion, mis-delivery of any information. Kinkaa solely provides this information on the basis of its own research and searches. Kinkaa is not responsible for any error or omissions. It can not be made liable for incorrect or missing information.
Limitations on Use
You warrant that you are 18 years of age or older. You agree that you will use the Service solely for your own personal, non-commercial purposes, and in accordance with these Terms. You agree that you will only use the Service to make legitimate inquiries, reservations or purchases.
Registration and Security
Some services will require the user to register and provide certain data. In consideration of your use of the Products and Services, in registering and providing such data, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction, and you warrant that:
- (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the registration form ("Registration Data") and
- (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kinkaa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kinkaa has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
Privacy Policy
Kinkaa has laid out its Privacy Policy in a separate document - you hereby acknowledge the recepit of this privacy pplicy.
Indemnity
You agree to indemnify and hold Kinkaa, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the these Terms and Conditions, or your violation of any rights of another.
Third Part Content
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties are those of the respective author(s) or distributor(s) and not of Kinkaa (the "Third Party Content"). Kinkaa neither endorses nor is responsible for monitoring, reviewing or the accuracy or reliability of such Third Party Content.
External Links
Kinkaa uses external links to other sites and travel providers. However Kinkaa does not endorse or validate any of these organizations or providers or attests to the correctness, factuality, appropriateness, or legality of the contents.
Warranty
All Kinkaa services are provided to you on an "as is" basis. Kinkaa makes every reasonable effort to maintain operation of the Kinkaa services and to provide correct, error free information. However because many events and circumstances are beyond the control of Kinkaa, Kinkaa does not in any way warrant or otherwise guarantee the availability or correctness or any other such issues whether due to the active or passive negligence of Kinkaa. Kinkaa may, at its sole discretion, limit or deny access to its servers, if, in the judgment of Kinkaa, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Kinkaa servers.
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials.
Limitation of Liability
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Kinkaa IN THE SIX MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY, BUT IN NO EVENT TO EXCEED $15,000. IN NO EVENT SHALL Kinkaa BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
Waiver
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
Indemnity and Release
By using the Kinkaa Products and Services you agree to indemnify Kinkaa, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Kinkaa Products and Services, your use of the Products and Services, or your submission of ideas and/or related materials to Kinkaa or from any person's use of any account or password you maintain with any portion of Kinkaa, regardless of whether such use is authorized by you. By using the Kinkaa Products and Services, or submitting any ideas and/or related materials to Kinkaa, you are hereby agreeing to release Kinkaa and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Kinkaa.
Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that if the event of a force majeure described in this Section extends for a period in excess of thirty (30) days in the aggregate, Kinkaa may immediately terminate this Agreement.
Choice of Law
This Agreement shall be interpreted under the laws of the United Kingdom, without regard to any conflict of laws provisions.
If you have any questions regarding these Terms of Use please contact us at mail - at - kinkaa.com.
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