Zaui Software Ltd. (“ZAUI”) a Vancouver, British Columbia, Canada, based company was founded in 1999 with the focus of designing professional software and providing innovative solutions for tour operators worldwide.
AGREEMENT BETWEEN YOU AND ZAUI SOFTWARE LTD.
Use of this web site (the “Web Site”) is offered to you, the customer, conditional on your acceptance without modification of the terms, conditions, and notices contained below (the “Terms and Conditions”). Your use of this Web Site constitutes your agreement to all such Terms and Conditions and the offer of goods and services to you is conditioned upon your acceptance of such Terms and Conditions.
Separate terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web Site.
USE OF WEB SITE
This Web Site is for your personal and noncommercial use. The content and information on this Web Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to ZAUI. Accordingly, as a condition of using this Web Site, you agree not to use this Web Site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Web Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from this Web Site. All rights not expressly granted herein are reserved.
The services of this Web Site are available only to persons who can form legally binding contracts under applicable law and are not available to minors. By using this Web Site, you represent that you are of sufficient legal age to use this Web Site and to create binding legal obligations for liability that you may incur by using this Web Site. You further warrant that you are legally authorized to make the travel reservations and/or purchases for yourself and/or for any other person(s) for whom you are authorized to act. You may only use this Web Site to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web Site, you warrant that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
COPYRIGHT AND TRADE-MARK NOTICES
ZAUI MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME.
ZAUI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ZAUI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL ZAUI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ZAUI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISTAKEN AND LOST TRANSACTIONS
ZAUI and any other providers of products or services related to this Web Site are not responsible for communication failures, malfunctions or difficulties, or lost, stolen or misdirected, transmissions, messages or entries, or the security of any such communications. Further, ZAUI and any other providers of products or services related to this Web Site are not responsible for incorrect or inaccurate entry information, whether caused by Web Site users or by any of the equipment or programming associated with the Web Site, or by any technical or human error that may occur in the processing of any information related to the Web Site. ZAUI and any other providers of products or services related to this Web Site may cancel or modify reservations where it appears that a Web Site user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error. You agree that neither ZAUI nor any other providers of products or services related to this Web Site are responsible for any damages that may arise as a result of any travel or related arrangements or other orders you request or make on this Web Site that are not processed or accepted for any reason.
LINKS TO THIRD-PARTY SITES
This Web Site may contain hyper-links to Web Sites operated by parties other than ZAUI. Such hyperlinks are provided for your reference only. ZAUI does not control such Web Sites and is not responsible for their contents or your use of them. ZAUI’s inclusion of hyper-links to such Web Sites does not imply any endorsement of the material on such Web Sites or any association with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
ZAUI reserves the right to change the Terms and Conditions under which this Web Site is offered and you agree to accept and be bound by those Terms and Conditions that are in effect at the time of your use of ZAUI’s Web Site and facilities.
This agreement is governed by the laws of the Province of British Columbia, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in British Columbia, Canada, in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZAUI as a result of these Terms and Conditions or use of this Web Site.
ZAUI’s provision of access to this Web Site and the provision of any products or services in connection with this Web Site are subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of ZAUI’s right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by ZAUI with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with those incorporated herein or referred to herein, constitute the entire agreement between you and ZAUI with respect to this Web Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ZAUI with respect to this Web Site.