China Horizons Pty Limited T/a ICAN Holidays WEB SITE TERMS & CONDITIONS
ICAN HOLIDAYS PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN ICAN HOLIDAYS AND YOU, AND YOU ACCEPT THEM BY: (A) REGISTERING ON THIS WEBSITE; (B) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (C) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation: (a) information such as technical, contractual, product, programme, pricing, marketing, and other valuable information ("Information"); and (b) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). ICAN Holidays. products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and ICAN Holidays. for violations of these Terms.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to ICAN Holidays, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to ICAN Holidays or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. ICAN Holidays reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be ICAN Holidays or someone else, or spoof ICAN Holidays or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF ICAN HOLIDAYS INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information of ICAN Holidays and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with ICAN Holidays and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or ICAN Holidays written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from ICAN Holidays, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to ICAN Holidays adequate to afford ICAN Holidays the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO ICAN HOLIDAYS
4.2 ICAN Holidays does not routinely monitor Content, but ICAN Holidays and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5 SUBSCRIPTIONS & WEB SITE REGISTRATIONS
5.1 When making application to become a subscriber or register, You agree that: (a) You will be irrevocably bound by the terms and conditions applicable to the use of this web site; (b) You will provide full and accurate information; (c) It is the your responsibility to check and update information pertaining to your account on registration whereby You are provided a username and password; (d) registration is for a single user and a subscriber's username and password cannot be shared with any other person; (e) a single username and password cannot be used to allow multiple access to other users over a network.
5.2 Subscribers and users further undertake not to: (a) impersonate any other person or use a false or unauthorized name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications; (b) modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network;
(c) make available or upload files that contain software or any other material not owned or licensed to the subscriber; (d) make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.
You agree to indemnify and hold ICAN Holidays and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
ICAN Holidays may provide notices to You via email, regular mail, or posting notices or links to notices on the Website. ICAN Holidays reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. ICAN Holidays may also delete, or bar access to or use of, all related Information and files. ICAN Holidays will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information.
8. DELIVERY OF E-MAIL
8.1 ICAN Holidays will attempt to deliver all of the e-mail that is addressed to Your e-mail address on ICAN Holidays' Services. However, the nature of e-mail is such that ICAN Holidays cannot guarantee delivery of such e-mail.
8.2 When You visit the ICAN Holidays website and during that visit complete a web form to request information or when you send an e-mail to ICAN Holidays, and do not explicitly request a non-electronic communication medium, you consent to receiving communications from ICAN Holidays electronically and agree that all agreements, notices, disclosures and other communications sent by ICAN Holidays satisfy any legal requirements, including, but not limited to the requirement that such communications should be "in writing".
8.3 You acknowledge and accept that the action to click on specified buttons on certain web forms on the ICAN Holidays sites may constitute an expression of intent or other statement.
8.4 You acknowledge that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. You are therefore discouraged from transmitting to ICAN Holidays any information that may be confidential, proprietary, or sensitive. You shall bear all risk of transmitting such information in this manner and under no circumstances will ICAN Holidays be liable for any loss, harm, or damage suffered by You as a result thereof. ICAN Holidays reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should ICAN Holidays deem it necessary.
8.5 Any information or material sent to ICAN Holidays will be deemed not to be confidential, unless otherwise agreed in writing by the user and ICAN Holidays
9. ADVERTISEMENTS AND PROMOTIONS
ICAN Holidays runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ICAN Holidays found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. ICAN Holidays is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ICAN Holidays advertisers on the Website.
10. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that ICAN Holidays is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ICAN Holidays will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Except as expressly authorized by ICAN Holidays or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software ICAN Holidays discloses to You, and You must not remove or modify any copyright notice, or other notice of ownership.
11.2 ICAN Holidays is committed to respecting others' intellectual property rights, and we ask our users to do the same.
11.3 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by ICAN Holidays on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
12 LINKING AND FRAMING
It is expressly prohibited for any person, business, entity or website to represent any page on this website, including the home page, in any way whatsoever, such as framing, on their website so that it appears to be their own information.
13 USING SEARCH TECHNOLOGY
The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this website is not permitted if such technology will result in slowing down this website or infringe the intellectual property rights of CAN Holidays.
14.1 All reasonable steps will be taken to secure a user’s information
14.2 Users undertake not to divulge their user name and passwords to any other person.
14.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any information on this web site, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this website or attempts to gain unauthorized access to any page on this website shall be held criminally liable, and in the event that ICAN Holidays should suffer any damage or loss, civil damages will be claimed.
15 CHANGES AND AMENDMENTS
51.1 ICAN Holidays expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria, information, prices and rates quoted on its websites without prior notice.
15.2 ICAN Holidays may, in its sole discretion, change the terms and conditions of using its websites at any time without prior notice.
16. DISCLAIMER OF WARRANTIES
16.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. ICAN HOLIDAYS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ICAN HOLIDAYS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
16.2 ICAN HOLIDAYS MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
16.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
17. LIMITATION OF LIABILITY
17.1 TO THE FULL EXTENT PERMITTED BY LAW, ICAN HOLIDAYS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF ICAN HOLIDAYS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
17.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
19. GENERAL TERMS
19.1 The Terms constitute the entire agreement between You and ICAN Holidays relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized ICAN Holidays representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use ICAN Holidays or third-party products or services.
19.2 You agree that any material breach of Sections 2, 3, 4, 6,7,8,9,10,11,12 and 13 of the Terms will result in irreparable harm to ICAN Holidays for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ICAN Holidays will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if ICAN Holidays seeks such an injunction.
19.3 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
20. CONTACT INFORMATION
If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
Suite 402, Pebble Beach,
Links Office Park,
De Beers Avenue,
Somerset West, Cape Province
P.O. Box 110, Somerset Mall, 7137