This User Agreement
("Agreement") is made between Green Trail
Tours Company Limited ("Green Trail Tours")
which owns and operates the internet site with the
URL: www.greentrailtourism.com ("the Web
Site") and you who access and/or visit or cause
to access and/or visit the Web Site
("you/your").
Your usage, access, visit, or shopping at the Web is
on express condition that you accept without variation
the terms and conditions set out herein. The
information contained in these webpages may be amended
by us from time to time without notice to you. You
need to review these webpages each time you use this
Site.Your usage, access, visit, or shopping at this
Site constitutes your agreement to all the terms and
conditions in force for the time being as set out
herein. If you do not agree to any part of the
following terms or conditions, you must not use this
Site.
1. YOUR
OBLIGATIONS
You agree to :
- keep your Username and Password secure and
protected from unauthorized access or use.
- immediately notify Green Trail Tours if
you become aware of, or suspect, any unauthorized
access to your Username and Password, or any other
breach of security. Green Trail Tours will
not be liable for any loss that you may incur as a
result of any unauthorised usage of your Username
or Password or account, either with or without
your knowledge;
- maintain and promptly update your Account to
keep it true, accurate, current and complete;
- to bear full financial responsibility for all
uses of these Sites by you and those using your
login and credit card information, including but
not limited to minors living with you and to
supervise all usage by such minors of this Site;
- to use the information available on or from
these Sites for non-commercial use and information
purposes only. Any unauthorized commercial use of
the information or services provided through this
Site is expressly prohibited;
- not to use this Site in a way which interferes
with its availability for other users;
- not to use the account of any other Green
Trail Tours member, without the express
permission of the account holder;
- not to use this Site to make any speculative,
false or fraudulent booking/reservation or any
booking/reservation in anticipation of demand.
2.
REPRESENTATIONS WARRANTIES
You fully represent and warrant that:
- you are of sufficient legal age to use this Site
in accordance with all terms and conditions herein
and to create binding legal obligations for any
liability you may incur as a result of the use of
these Sites;
- all information supplied by you in using these
Sites are complete, true and accurate;
- you shall not post or transmit any unlawful,
threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane
material or any material that could constitute or
encourage conduct that would be considered a
criminal offence, give rise to civil liability, or
otherwise violate any law.
3.
SOFTWARE AND COPYRIGHT
This Site and all content on this Site ("the
Content") are the property of Green Trail
Tours and/or it's travel product suppliers or
independent supplier(s) ("Suppliers") or the
party credited as the provider of such Content. Green
Trail Tours retains all rights (including, but not
limited to trademark rights, copyright and patent
rights) with respect to all software and underlying
information or material available through this Site.
The Content is intended solely for
your personal, non-commercial use. You may not copy,
print, reproduce, reengineer, disassemble, upload,
download, store, display in public, alter or modify,
publish, transmit, participate in the transfer or sale
of, reproduce (except as provided herein), create
derivative works from, distribute, perform, display or
in any way exploit, any of the Content, in whole or in
part.
You are not to download or
otherwise export or re-export any software or
underlying information or material available through
this Site, except to the extent that such downloading
occurs in the course of using these Sites in
accordance with our written instructions or otherwise
as expressly permitted in this Agreement. All rights
not expressly granted herein are reserved. This clause
shall survive any termination of this Agreement.
4.
DISCLAIMER
Your use of Green Trail Tours is at your sole
risk. This Site (including the products and services)
is provided on an "as is" basis and you
assume total risk and responsibility for your use of
this Site.
To the maximum extent permitted by
law, Green Trail Tours assume no responsibility
whatsoever and howsoever and specifically disclaims
all warranties, express or implied, in respect of this
Site including, but not limited to, merchantability,
fitness for a particular purpose, non-infringement of
intellectual property or other proprietary rights or
compatibility between these Sites and any software or
hardware.
The information contained in these
Sites is subject to change without notice.
Green Trail Tours neither
warrants nor makes any representations regarding the
accuracy or completeness, quality or adequacy of this
Site or of any of the data or information contained in
this Site or that the use of this site will be timely,
uninterrupted, secure or error free or that any
information, data, content, software or other material
accessible through this Site will be free of bugs,
viruses, worms, trojan horses or other harmful
components. Green Trail Tours will not be
responsible for any loss resulting from your reliance
on any information provided on this Site.
5.
LIMITATION OF LIABILITY
GREEN TRAILTOURS ASSUMES NO RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE
SITE. IN NO EVENT SHALL GREEN TRAILTOURS NOR
ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST
SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH
- ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
- ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED
TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF
THIS SITE FOR BOOKING/RESERVATIONS OR TICKETING),
OR
- THE PERFORMANCE OR NON PERFORMANCE BY GREEN
TRAILTOURS OR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS,
EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY.
Notwithstanding anything contained
in this Agreement, the liability of Green Trail
Tours and/or its Suppliers and their officers,
directors, employees and agents shall in no event
exceed, in the aggregate, US $100.
6.
ACKNOWLEDGEMENT
The disclaimer and limited liability of Green Trail
Tours as set out in this Agreement are fundamental
elements of the basis of the bargain between you and Green
Trail Tours, and you agree that Green Trail
Tours would not otherwise be able to offer the
products and services on its present basis without
such limitations. This clause shall survive any
termination of this Agreement.
7.
FORCE MAJEURE
Green Trail Tours shall not be liable for
damages of any kind arising out of any failure or
delay by Green Trail Tours in performing any or
all of our obligations contained herein or in respect
of any product or service if the failure or delay is
due to circumstances or cause beyond our reasonable
control.
8.
RESTRICTION/ CANCELLATION OF SERVICE
Green Trail Tours may, at any time and
at its sole discretion and without cause or notice,
terminate or restrict your access to any component of
this Site or refuse to give effect to any booking or
booking/reservation requested by you, terminate your
password, account (or any part thereof) or use of this
Site, and remove and discard any Content within this
Site, without being required to give any reasons or
advance notice to you.
Further, you agree that Green
Trail Tours shall not be liable to you or any
third-party for any termination of your access to this
Site.
9.
INDEMNITY
You shall indemnify and keep Green Trail Tours
and/or any of its Suppliers and their officers,
directors, employees and agents indemnified against
all claims, demands, actions, proceedings made or
brought against Green Trail Tours arising from
your use of this Site and/or any breach of any term or
condition by you.
10.
LINKS TO THIRD PARTIES
This Site may contain hyperlinks to web sites operated
by third parties. The inclusion of hyperlinks to any
such web sites does not imply Green Trail Tours
endorsement of such web sites nor any association with
their operators. Green Trail Tours is not
responsible for the contents of other web sites.
Linking to any hyperlinked web sites is done at your
own risk and subject to the specific terms and
conditions (if any) of such hyperlinked sites.
This Site also may contain
advertisements by third parties. Unless otherwise
specifically stated on this Site, we do not endorse or
make any representation or warranty regarding the
liability or quality or accuracy of any products or
services featured in, or linked to any advertisements
that appears on this Site.
11.
VARIATIONS
Green Trail Tours reserves the right to change
the terms, conditions, and policies under which Green
Trail Tours products and services are offered. You
are responsible for regularly reviewing these terms
and conditions including such additional, modified, or
varied terms posted from time to time. Your continued
use of this Site shall constitute your acceptance of
the terms and conditions, as modified.
12.
SEVERABILITY
Any provision of this Agreement which is invalid,
prohibited or unenforceable shall: be ineffective to
the extent of the invalidity, prohibition or
unenforceability; not invalidate the remaining
provisions of this Agreement; and such provision shall
nonetheless be applicable or enforceable to the
fullest extend permitted by law.
13.
RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or
agency relationship exists between you and Green
Trail Tours as a result of this Agreement of your
use and/or access, visit or shopping at this Site.
14.
ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on
this Site may apply to your booking/reservations and
purchase of our products and services and use of other
components of the Site and you agree to abide by these
terms, conditions, and policies, and other components
of the Site.
15.
MODIFICATION
Green Trail Tours may at any time modify these
terms and conditions without notice to you and your
usage of this Site shall be conditioned upon the terms
and conditions in force at the time of your use.
16.
ENTIRE AGREEMENT
This Agreement constitute the entire agreement between
the parties in respect of its subject matter and
supersedes all prior understandings or agreements
(whether oral or written) regarding the subject matter
and may not be amended or modified except by us
herein.
17.
GOVERNING LAW
This Agreement and its performance shall be governed
by and construed in accordance with the laws of
Thailand and you consent and submit to the
non-exclusive jurisdiction of the courts of Thailnad.
TERMS AND
CONDITIONS OF PURCHASE
