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Terms of sales

Last updated: 17/02/2022

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and SAS Tourcrib (" Company ", " we ", " us " or " our " ), regarding access to and use of the https://tourcrib.com website and any other media form, media channel, mobile website or mobile application linked, linked or otherwise connected to it (collectively, the "Site "). The Site provides an online marketplace for the following goods, products and / or services: tourist services (the “market offers”).                In order to help make the Site a secure environment for buying and selling Marketplace Offers, all users are required to accept and comply with these Terms of Use. You confirm that by accessing the site and / or market offers, you have read, understood and agree to be bound by all these terms of use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY FORBIDDEN FROM USING THE SITE AND / OR THE OFFERS OFFERED ON THE PLATFORM AND YOU MUST IMMEDIATELY EXIT THE PLATFORM.  

Additional terms and conditions or documents which may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you to any changes by updating the "last updated" date of these Terms of Service, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been informed and accepted, any changes to the revised Terms of Service through your continued use of the Site after the date of posting of these revised Terms of Service.        

The information provided on the site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to an obligation to registration in that jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if, and to the extent that local laws are applicable.  

The Site is intended for users who are at least 13 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parent or guardian to use the Site. If you are a minor, you must ask your parent or guardian to read and agree to these terms of use before using the site.   

Intellectual property rights

Unless otherwise stated, the Site and Marketplace offerings are our exclusive property and all source codes, databases, features, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by or licensed to us, and are protected by copyright laws. copyright and trademarks and various other intellectual property rights and unfair competition laws of the United States. States laws international copyright law and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Unless expressly provided for in these terms of use, no part of the site or market offers and no content or brands may be copied, reproduced, aggregated, folded, downloaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our prior written permission.         

Provided you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any part of the content which you have properly accessed solely for personal, not commercial use. . We reserve all rights not expressly granted to you in and to the Site, content and trademarks. 

User representation

By using the Site or the platform services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to abide by these terms of use; (4) you are not less than 13 years old; (5) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the site; (6) you will not access the Site or market offerings by automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the site for any illegal or unauthorized purpose; and (8) your use of the Site or platform services will not violate any applicable law or regulation.              

If you provide false, inaccurate, non-current or incomplete information, we have the right to suspend or terminate your account and to refuse any current or future use of the site (or any part of it). 

You may not use the Site or the platform services for illegal or unauthorized purposes, nor may you, in using the platform services, break any laws. Among the unauthorized market offers are the following: intoxicants of all kinds; illegal drugs or other illegal products; alcoholic beverages; games of chance; and adult pornographic or graphic content, images or other adult products. Posting any unauthorized product or content may result in the immediate termination of your account and a lifetime ban from using the site.         

We are a service provider and make no representations about the safety, effectiveness, adequacy, accuracy, availability, pricing, ratings, reviews, or legality of any information contained on the site or the market offers displayed or offered on the site. You understand and agree that the content of the site does not contain or constitute representations on which can be reasonably relied upon, and you agree to hold us free from any errors, omissions or misrepresentations contained in the content of the site. We do not endorse or recommend any market offer and the site is provided for information and advertising purposes only.     

User registration

You may need to register on the site to access market offers. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, retrieve, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.    

Platform services

We reserve the right to limit the quantities of platform services offered or available on the Site. All descriptions or prices of platform services are subject to change at any time without notice, at our sole discretion. We reserve the right to terminate any market offer at any time for any reason. We do not guarantee that the quality of any Marketplace Offerings you have purchased will meet your expectations or that any errors on the site will be corrected.     

Purchases and payment

We accept the following payment methods: 

  • Visa 
  • MasterCard 
  • Google Pay
  • Apple Pay 

You agree to provide up-to-date, complete and accurate purchase and account information for all purchases of platform services made through the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date so that we can complete your transactions and you contact if necessary. VAT will be added to the price of purchases as we deem necessary. We can change the prices at any time. All payments will be in euros.         

You agree to pay all charges at the prices then in effect for your purchases and applicable shipping charges, and you authorize us to charge your chosen payment provider for these amounts when placing your order. We reserve the right to correct any errors or pricing errors, even if we have already requested or received payment.   

We reserve the right to refuse any order placed through the Site. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per person. These restrictions may include orders placed by or under the same customer account, the same payment method and / or orders using the same billing or delivery address. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed through resellers, resellers or distributors.    

Refund policy

Please review our return policy posted on the site before making any purchases.

Prohibited activities

You may not access or use the site for purposes other than those for which we make the site available. The site may not be used in connection with any commercial endeavor, except those which are specifically approved or approved by us.   

As a user of the Site, you agree not to:

  1. Make any unauthorized use of the Platform's services, including collecting user names and / or email addresses by electronic or other means for the purpose of sending unsolicited emails, or create user accounts by automated means or under false pretenses.   
  2. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.  
  3. Bypass, disable or otherwise interfere with the security-related features of the site, including those features that prevent or restrict the use or copying of any content or impose limitations on the use of the site and / or of the content contained therein.   
  4. Engage in an unauthorized framing or link to the site.  
  5. Deceive, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.  
  6. Make improper use of our support services or submit reports of abuse or misconduct.   
  7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, bots, or similar data collection and extraction tools.  
  8. Interfere with, disrupt or create an excessive load on the Site or the networks or services connected to the Site.   
  9. Attempt to impersonate another user or person or use another user's username.  
  10. Sell ​​or otherwise transfer your profile.  
  11. Use any information obtained from the site in order to harass, abuse or harm another person.   
  12. Use Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and / or Content for any income-generating or commercial endeavor.  
  13. Decrypt, decompile, disassemble or reverse engineer any software comprising or in any way forming part of the site.   
  14. Attempt to circumvent any measure of the site designed to prevent or restrict access to the site, or any part of the site.  
  15. Harass, annoy, intimidate or threaten any of our employees or agents engaged to provide you with any part of the Marketplace Offers.   
  16. Remove copyright or other proprietary rights from any content.  
  17. Copy or adapt any software from the site including, but not limited to Flash, PHP, HTML, JavaScript or other code.   
  18. Upload or transmit (or attempt to upload or transmit) viruses, Trojans or any other material, including excessive use of capital letters and spam (continuous posting of repetitive text), which interferes with the use and uninterrupted enjoyment of any part of the Site or modifies, alters, disrupts, alters or interferes with the use, functionalities, functions, operation or maintenance of the services of the platform.   
  19. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including, without limitation, clear graphics interchange formats ( “Gifs”), 1 × 1 pixels, Web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcm”).    
  20. Unless it may be the result of standard use of a search engine or internet browser, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, offline scraper or reader that accesses the Site, or use or launch any unauthorized script or other software.   
  21. Disappear, tarnish or otherwise harm, in our opinion, us and / or the site.  
  22. Use the site in a manner inconsistent with applicable laws or regulations. 

User Generated Contributions

The Site may invite you to discuss, contribute or participate in blogs, message boards, online forums and other features, and may offer you the ability to create, submit, post, display, transmit, perform, post, distribute, or disseminate content and material to us or on the site, including, but not limited to text, writing, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the site and platform services and through third party websites. As such, any contribution you transmit may be treated as non-confidential and non-proprietary. When you create or make available contributions, you represent and warrant that:     

  1. The creation, distribution, transmission, public display or performance, as well as access, download or copy of your contributions does not infringe and will not infringe any property rights, including, but not without s '' limit the copyrights, patents, trademarks, trade secret or moral rights of any third party. 
  2. You are the creator and owner of or have the necessary licenses, rights, consents, permissions and permissions to use and authorize us, the site and other users of the site to use your contributions in the manner intended by the site. and these terms of use. 
  3. You have the written consent, release and / or permission of each individual identifiable person in your contributions to use the name or image of each identifiable person to allow the inclusion and use of your contributions in any way it would be. contemplated by the Site and these Terms of Use. 
  4. Your contributions are not false, inaccurate or misleading.
  5. Your contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.  
  6. Your contributions are not obscene, obscene, lustful, dirty, violent, harassing, slanderous, slanderous or otherwise objectionable (as determined by us).  
  7. Your contributions don't ridicule, mock, denigrate, intimidate or abuse anyone. 
  8. Your contributions are not used to harass or threaten (in the legal sense of these terms) any other person and to promote violence against any specific person or category of persons.  
  9. Your contributions do not violate any applicable law, regulation or rule. 
  10. Your contributions do not violate the privacy or publicity rights of any third party. 
  11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.  
  12. Your Contributions do not violate any applicable law relating to child pornography, or otherwise intended to protect the health or well-being of minors.  
  13. Your contributions do not include any offensive comments related to race, national origin, gender, sexual preferences, or physical disability. 
  14. Your contributions do not violate, or are not related to material that violates, any provision of these terms of use or any applicable law or regulation.      

Any use of the site or platform services in violation of the foregoing violates these terms of use and may result, among other things, the termination or suspension of your rights to use the site and platform services. .  

Contribution license

By posting your contributions on any part of the site or making the contributions accessible to the site by linking your site account to one of your social media accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unlimited, unlimited, irrevocable , perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, retrieve (in whole or in part) and distribute these contributions (including, without limitation, your image and your voice) for commercial, advertising, or other purposes, and to prepare derivative works from, or incorporate into other works, such contributions, and grant and authorize sub-licenses of the foregoing ede. Use and distribution can take place in all media formats and through all media channels.         

This license will apply to any form, media or technology now known or developed by the result , and includes our use of your name, company name and name of duty, if any, and one of the trademarks, brands of service, trade names, logos, and the personal and business images you provide. You waive all moral rights in your Contributions, and you warrant that the moral rights have not been otherwise asserted in your Contributions.      

We do not claim any ownership over your contributions. You retain full ownership of all your Contributions and all intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of ​​the Site. You are solely responsible for your Contributions to the Site and you expressly agree to release us from all liability and to refrain from any legal action against us in relation to your Contributions.       

We have the right, in our sole and absolute discretion, (1) to edit, edit or otherwise edit any Post; (2) to receive Contributions to place them in more appropriate places on the Site; and (3) preselect or remove any contribution at any time and for any reason, without notice. We have no obligation to monitor your contributions.    

Notice rules

We may provide you with areas on the site to leave comments or ratings. When posting a review, you must comply with the following criteria: (1) you must have first-hand experience with the person / entity being reviewed; (2) your reviews must not contain offensive profanity, or any abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, sex, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you post negative reviews; (6) you must not draw any conclusions as to the legality of the behavior; (7) you may not post any false or misleading statements; and (8) you cannot run a campaign to encourage others to post reviews, whether positive or negative.           

We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to filter reviews or remove reviews, even if someone considers the reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our views or those of any of our affiliates or partners. We assume no responsibility for any review or for any claim, liability or loss resulting from any review. By posting a notice, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display , perform and / or distribute all content relating to the reviews.          

Social networks 

As part of the functionality of the Site, you may link your account to online accounts you have with third party service providers (each of such accounts, a "Third Party Account ") by: (1) providing your third party Login Information to the account via the site; or (2) authorizing us to access your third-party account , as permitted by the applicable terms and conditions which govern your use of each third-party account . You represent and warrant that you have the right to disclose your third-party account login information to us and / or give us access to your third-party account , without breach by you of any of the terms and conditions that govern your use of the applicable T hird-party account, and without forcing us to pay fees or make us subject to use restrictions imposed by the third party service provider third account. By granting us access to any third party account , you understand that (1) we may access , make available and store (if applicable) any content that you have provided and stored in your third party account (the "Social Network Content Network ”) So that it is available on and through the Site through your account, including without limitation on friend lists and (2) we may submit and receive from your third party account additional information to the extent that you are informed when you link your account to the third-party account . Depending on the third-party accounts you choose and subject to the privacy settings you have set in those third-party accounts , personally identifiable information that you post to your third-party accounts may be available on and through your account on the site. . Please note that if a third-party account or associated service becomes unavailable or if our access to that third-party account is terminated by the third-party service provider, the content of the social network may no longer be available on and through the site. You will be able to deactivate the connection between your account on the Site and your third-party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT (S) WITH THESE THIRD PARTY SERVICE PROVIDERS . We make no effort to review any social media content for any purpose, including, but not limited to, accuracy, legality, or non-violation, and we are not responsible for any content. social network. You acknowledge and agree that we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet for identification purposes only and to notify you of contacts. who have also registered to use the Site. You can deactivate the connection between the site and your third-party account by contacting us using the contact details below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through this third-party account , with the exception of the username and profile picture which becomes associated with your account.                                                                                                             

Submission 

You acknowledge and agree that all questions, comments, suggestions, ideas, comments or other information regarding the Site or market offerings (“Submissions”) that you provide to us are not confidential and will become our exclusive property. We will own the exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and distribution of these Submissions for lawful, commercial or other purposes, without your acknowledgment or compensation. You hereby waive all moral rights in such Submissions, and you hereby warrant that such Submissions are original with you or that you have the right to submit such Submissions. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.        

Third Party Websites and Content

The Site may contain (or you may be sent through the Site or Marketplace Offerings) links to other websites ("Third Party Websites ") as well as articles, photographs, text, graphics, images , designs, music, sound, videos , information, applications, software and other content or material belonging to or from third parties (“Third Party Content”). These Third Party Websites and Third Party Content are not investigated, monitored or verified for accuracy, ownership , or completeness on our part , and we are not responsible for any third party websites accessed through the Site or any third party content. posted on, available through or installed from the site, including the content, accuracy, offensiveness, opinions, liability, privacy practices or other policies of third party websites or third party content or content in those -ci . The inclusion, link, or allowing the use or installation of any of third parties or websites third content does not mean pproval or approval of that - one by us. If you decide to leave the site and access third-party websites or use or install any third-party content , you do so at your own risk and you should be aware that these terms of use no longer apply. You should review the applicable terms and policies, including the privacy and data collection practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. All purchases you make via the web -thirds will be via other websites and from other companies, and we accept no liability regarding such purchases are solely between you and the third party. You agree and acknowledge that we do not endorse any products or services offered on third party websites and you will hold us harmless from any harm caused by your purchase of such products or services. In addition, you will keep us free of any loss suffered by you or any harm that you would be caused in connection with or arising in any manner whatsoever any content third parties or from contact with the web third .                                                                                        

Advertisers 

We allow advertisers to display their advertisements and other information in certain areas of the site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you assume full responsibility for any advertising you place on the site and any services provided on the site or products sold through such advertisements. Further, as an advertiser, you warrant and represent that you own all rights and authority to place advertisements on the site, including, but not limited to, intellectual property rights, rights of publicity and contractual rights. We are simply providing the space to place such advertisements and have no other relationship with the advertisers.       

Site administration 

We reserve the right, but not the obligation, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Service, including, without limitation, reporting that user to enforcement authorities of the law; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability or deactivate (to the extent technologically possible ) any of your Contributions or any part thereof; (4) in our sole discretion and without limitation, notice or liability, to remove from the site or in any other way disable all files and content that are excessive in size or which are in any way a burden on our systems; and (5) otherwise operate the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and market offerings.       

Privacy Policy 

We care about privacy and data security. Please see our privacy policy: https://tourcrib.com/page/confidentialite . By using the site or market offerings, you agree to be bound by our privacy policy, which is incorporated into these terms of use. Please note that the site and market offers are hosted in Switzerland. If you access the site or market offerings from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Switzerland, then continuing to use the site, your data is transferred to Switzerland, and you agree that your data will be transferred and processed in Switzerland.            

Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright you own or control, please notify us immediately using the contact details provided below (a "Notice"). A copy of your notification will be sent to the person who posted or stored the material addressed in the notification . Please note that under applicable law you may be held liable for damages if you make material misstatements in a notice. So, if you are not sure whether any material located on or linked to the site infringes your copyright, you should consider contacting a lawyer first.        

Duration and termination 

These terms of use will remain in full force while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SITE AND MARKET OFFERS (INCLUDING THE BLOCKING OF CERTAIN IP ADDRESSES), TO ANYONE FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR CONVENIENCE CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE AND THE MARKET OFFERS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT A NY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.          

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or assumed name, or the name of a third party, even if you act on behalf of the third party. Party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive remedies.  

Modifications and interruptions 

We reserve the right to change, modify or remove the content of the site at any time or for any reason in our sole discretion without notice. However, we have no obligation to update the information on our site. We also reserve the right to modify or discontinue all or part of the Marketpl ace Offers without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or interruption of the site or the platform services.        

We cannot guarantee that the site and platform services will be available at all times. We may encounter hardware, software or other problems or need to perform maintenance related to the Site, causing interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the site or market offerings at any time or for any reason without notice. You agree that we have no responsibility of any kind for any loss, damage or inconvenience caused by your inability to access or use the Site or Market Offerings during any interruption or disruption to the Site or Market Offerings. . Nothing in these terms of use shall be construed as obliging us to maintain and support the site or market offerings or to provide the correct ions, updates or versions in connection therewith.           

Applicable law 

These conditions are governed and interpreted according to French law , and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also benefit from the protection afforded to you by the mandatory provisions of the law of your country of residence. SAS Tourcrib and you agree to submit to the non-exclusive jurisdiction of the courts of Martinique, which means that you can make a claim to defend your consumer protection rights under these Terms of Use in France, or in the EU country. where you reside.             

Dispute resolution 

Informal negotiations

In order to expedite resolution and control the cost of any dispute, controversy or claim relating to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by you or us (individually, a “Party "And collectively, the " Parties "), the Parties agree to first attempt to negotiate any dispute (except those expressly provided for below) informally for at least thirty (30) days before commencing arbitration. These informal negotiations begin upon written notification from one of the parties to the other party.       

Binding arbitration 

Any dispute arising from the relations between the Parties to this contract will be settled by an arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration forming part of the European Arbitration Center having its seat in Strasbourg, and who are in force at the time of the filing of the request for arbitration, and the adoption of this clause constitutes acceptance. The seat of an arbitration will be Fort-de-France, France. The language of the proceedings is French. The applicable substantive law rules are French law .             

Restrictions

The parties agree that any arbitration will be limited to the dispute between the parties individually. To the fullest extent permitted by law, (a) no arbitration may be joined to any other proceeding; (b) there is no right or authority for a dispute to be arbitrated on the basis of a class action or to use class action procedures; a second (c) there is no law or authority for any dispute to be brought as a deemed representative on behalf of the general public or any other person.          

Exceptions to informal negotiations and arbitration 

The parties agree that the following disputes are not subject to the above provisions relating to informal negotiations and binding arbitration: (a) any dispute aimed at enforcing or protecting, or concerning the validity of any of the rights of intellectual property of a party; (b) any dispute relating to or arising out of allegations of theft, hacking, invasion of privacy or unauthorized use; and (c) any request for injunctive relief. If this provision is found to be illegal or unenforceable, neither party will choose to arbitrate any dispute falling under the part of this provision found to be illegal or unenforceable and such dispute will be resolved by a court of competent jurisdiction in the countries. listed above for jurisdiction, and the parties agree to submit to the personal jurisdiction of that tribunal.      

CORRECTIONS 

There may be information on the site that contains typographical errors, inaccuracies or omissions that may be related to the services of the platform, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the site at any time without notice.  

WARNING

THE SITE AND MARKET OFFERS ARE PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS DONE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKET OFFERS AND YOUR USE OF THESE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, D 'FITNESS TO A PARTY AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY (1) ERRORS, ERRORS OR INACCURACIES (CONTENTS). 2) INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND / OR ANY PERSONAL INFORMATION AND / OR FINANCIAL REGISTERED, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR ANY OFFERS OF THE MARKETPLACE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OF tROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND / OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY PUBLISHED, TRANSMITTED OR OTHER CONTENT MADE AVAILABLE VIA THE SITE. WE DO NOT GUARANTEE ANY PRODUCT OR SERVICE PUBLISHED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINK SITE OR ANY WEBSITE OR MOBILE APPLICATION PRESENTED IN ANY BANNER OR OTHER ADVERTISING BE A PARTY OR IN ANY MANNER BE RESPONSIBLE FOR THE FOLLOW-UP OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE BY ANY MEANS OR IN ANY ENVIRONMENT, YOU MUST USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPLICABLE.                 

Limitations of Liability

End User as Guide, all members act under their sole and entire responsibility. Tourcrib is an intermediation service and does not in any way control the quality, veracity and risks incurred by the experiences offered. As such, the actual progress of the experience cannot give rise to any liability attributable to SAS Tourcrib, on any basis whatsoever, the service offered being an intermediation service. In particular, SAS Tourcrib cannot be held liable for a loss that may have occurred for reasons such as: the communication by the Guide of erroneous information concerning the experience and its terms; cancellation of the experience by the Guide or the End User; fraudulent behavior or the fault of a guide or an End User, before during or after the experience; non-compliance with usage precautions (especially when using equipment or vehicles); failure to comply with local laws;

Tourcrib strives to ensure the availability of the site and the service 24 hours a day, 7 days a week. However, it may happen that access to the site or the service is interrupted as part of maintenance operations, hardware or software upgrades, emergency site repairs, or as a result of circumstances beyond the control of SAS Tourcrib (such as, for example, failure of telecommunications links and equipment). SAS Tourcrib undertakes to take all reasonable measures to limit these disturbances, insofar as they are attributable to it. Members acknowledge and accept that SAS Tourcrib assumes no responsibility towards them for any unavailability, suspension or interruption of the site or service and cannot be held responsible for direct or indirect damage of any kind resulting from this fact. In all cases, and without prejudice to what has just been explained above and in the other clauses concerning the absence of liability of SAS Tourcrib, any cause of liability that could be retained against SAS Tourcrib can only give rise to the payment of damages, the amount of which will be limited to the amounts collected for bank charges and commission.

Guides are solely responsible for the price set for their advertisement of experiences.

The guides undertake to provide all safety equipment necessary for the performance of their experience, to ensure that they are understood and used by End Users, and to keep them in good working order.

SAS Tourcrib nevertheless undertakes to do its utmost to ensure the quality of all the experiences provided on its media.

In addition, guides offering sports activities will be systematically insured for Professional Civil Liability or Exploitation Third Party Liability for sufficient amounts, with all possible recourse options being maintained in their regard.

Indemnity

You agree to defend, indemnify and hold harmless us , including our subsidiaries, affiliates, and all of our officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including including legal fees and expenses, incurred by a third party as a result of or arising from: (1) your contributions; (2) use of market offers; (3) violation of these terms of use; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of any third party, including, but not limited to, intellectual property rights; or (6) any manifest prejudicial act towards any other user of the Site or the services of the platform with which you have connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is the subject of such indemnification as soon as we become aware of it.                 

User data 

We will keep certain data that you transmit to the Site for the purpose of managing the performance of the platform services, as well as data relating to your use of the platform services. Although we perform routine data backups on a regular basis, you are solely responsible for all data that you transmit or that relates to any activity you undertake while using the services of the platform. You agree that we assume no responsibility to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of such loss or corruption of such data.    

Communications, transaction and electronic signatures

 Visiting the site, sending e-mails to us and filling out online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any laws, regulations, rules, orders or other laws of any jurisdiction that require an original signature or the delivery or retention of non-electronic documents, or to payments or to the granting of credits by any other means. than electronic means.      

Various 

These Terms of Use and any policies or operating rules posted by us on the Site or in relation to Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These terms of use apply to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We will not be responsible for any loss, damage, delay or failure to act caused by any cause beyond our control. If any provision or part of a provision of these Terms of Use is held to be illegal, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and applicability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these terms of use or the use of the platform services. You agree that these terms of use will not be construed against us by virtue of their writing. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to sign by the parties hereto to enforce these Terms of Use.               

Contact us

In order to resolve a complaint regarding the Site or the platform services or to receive further information regarding the use of the Site or the platform services, please contact us at: 

SAS Tourcrib
25 avenue Klebert Catherine
97233 Schoelcher
Martinique
Telephone: 0675648076 [email protected]  

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