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Direct Ferries Terms of Use
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PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. Your
use of this site is expressly conditioned on your acceptance
of the following terms and conditions. By using this site,
you signify your assent to these terms and conditions.
If you do not agree with any part of the following terms
and conditions, you must not use this site.
2. USE OF SITE. Direct Ferries grants you a limited,
non-transferable license to use this site in accordance
with the terms and conditions of this User Agreement.
You may only use this site to make legitimate reservations
or purchases and shall not use this site for any other
purposes, including without limitation, to make any speculative,
false or fraudulent reservation or any reservation in
anticipation of demand. This site and the content provided
in this site, including the text, graphics, button icons,
digital downloads may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the
written permission of Direct Ferries, except that you
may download, display and print the materials presented
on this site for your personal, non-commercial use only.
You may not use any "robot," "spider" or other automatic
device, or a program, algorithm or methodology having
similar processes or functionality, or any manual process,
to monitor or copy any of the Web pages, data or content
found on this site, in any case without the prior written
permission of Direct Ferries. You agree that you will
not transmit or otherwise transfer any Web pages, data
or content found on this site to any other computer, server,
Web site, or other medium for mass distribution or for
use in any commercial enterprise. You agree that you will
not use any device, software or routine to interfere or
attempt to interfere with the proper working of this site.
You agree that you will not take any action that imposes
a burden or load on our infrastructure that Direct Ferries
deems in its sole discretion to be unreasonable or disproportionate
to the benefits Direct Ferries obtains from your use of
the site. Unauthorized use of this site and/or the materials
contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other
laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in
the materials, and you must not alter, obscure or obliterate
any of such notices. The use of such materials on any
other Web site or in any environment of networked computers
is prohibited. You are prohibited from posting or transmitting
any unlawful, threatening, libellous, 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. In addition,
you are prohibited from posting or transmitting any information
which (a) infringes the rights of others or violates their
privacy or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the
express written permission of the owner of such right,
(c) contains a virus, bug or other harmful item, or (d)
is used to unlawfully collude against another person in
restraint of trade or competition. You shall be solely
liable for any damages resulting from any infringement
of copyright, trademark, or other proprietary right, or
any other harm resulting from your use of this site.
3. RESPONSIBILITY. If you use this site, you are
responsible for maintaining the confidentiality of your
account information and your password. You agree to accept
responsibility for all activities that occur under your
account or password. You represent that you are of sufficient
legal age to use this site and to create binding legal
obligations for any liability you may incur as a result
of the use of this site. You understand that you are financially
responsible for all uses of this site by you and those
using your login information.
4. REVIEW OF TRANSMISSIONS. Direct Ferries may,
from time to time monitor and review any information transmitted
or received through this site and reserves the right to
censor, edit, remove or prohibit the transmission or receipt
of any information that Direct Ferries deems inappropriate
or in violation of these terms and conditions. During
monitoring, the information may be examined, recorded
or copied, and your use of this site constitutes your
consent to such monitoring and review. You agree that
if you submit suggestions, ideas, comments or questions
or post any other information on this site, you grant
Direct Ferries and its affiliates a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable
right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and display such
content in any form, media or technology. Direct Ferries
takes no responsibility and assumes no liability for any
content posted or submitted by you.
5. EXCLUSION OF WARRANTY. Direct Ferries and any
third party providers and distributors make no warranty
of any kind regarding this site and/or any materials provided
on this site, all of which are provided on an "As Is"
basis. Direct Ferries and any third party providers and
distributors do not warrant the accuracy, completeness,
currency or reliability of any of the content or data
found on this site and such parties expressly disclaim
all warranties and conditions, including implied warranties
and conditions of merchantability, fitness for or a particular
purpose and non-infringement, and those arising by statute
or otherwise in law or from a course of dealing or usage
of trade. Neither Direct Ferries nor any third party providers
or distributors warrant that this site, its servers or
any e-mail sent from Direct Ferries are free of viruses
or other harmful components.
6. LIMITATION OF LIABILITY. While we attempt to ensure that the information available on the web site is accurate, we cannot guarantee that it will always be fault free. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions. Direct Ferries 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,
date, text or images from the site. In no event shall
Direct Ferries or any third party providers or distributors
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 (I) Any use of this
site or content found herein, (II) Any failure or delay
(Including, but not limited to the use of or inability
to use any component of this site for reservations or
ticketing), Or(III) The performance or non performance
by Direct Ferries 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. If, notwithstanding
the foregoing, Direct Ferries or any third party provider
or distributor should be found liable for any loss or
damage which arises out of or is in any way connected
with any of the above described functions or uses of this
site or its content, the liability of Direct Ferries and
the third party providers and distributors shall in no
event exceed, in the aggregate, the greater of (a) the
subscription fee and service charge for accessing this
site, or (b) £100.00. In its sole discretion, in addition
to any other rights or remedies available to Direct Ferries
and without any liability whatsoever, Direct Ferries at
any time and without notice may terminate or restrict
your access to any component of this site.
7. INDEMNIFICATION. You shall defend and indemnify
Direct Ferries and any third party providers and distributors
and their officers, directors, employees and agents from
and against any claim, cause of action or demand, including
without limitation reasonable legal and accounting fees,
brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your
use of this site.
8. LINKS. This site contains links to other Web
sites which are provided solely as a convenience to you
and not as an endorsement by Direct Ferries, its third
party providers or distributors of the contents of such
other Web sites. None of Direct Ferries or any third party
provider or distributor shall be responsible for the content
of any other Web sites and make no representation or warranty
regarding any other Web sites or the contents or materials
on such Web sites. If you decide to access other Web sites,
you do so at your own risk.
9. RELATIONSHIP. The relationship between Direct
Ferries and you will be that of independent contractors,
and neither of us nor any of our respective officers,
agents or employees will be held or construed to be partners,
joint ventures, fiduciaries, employees or agents of the
other.
10. INJUNCTIVE RELIEF. You acknowledge that a violation
or attempted violation of any of this User Agreement and
these terms and conditions will cause such damage to Direct
Ferries as will be irreparable, the exact amount of which
would be difficult to ascertain and for which there will
be no adequate remedy at law. Accordingly, you agree that
Direct Ferries shall be entitled as a matter of right
to an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these
terms and conditions by you, or your affiliates, partners,
or agents, as well as recover from You any and all costs
and expenses sustained or incurred by Direct Ferries in
obtaining such an injunction, including, without limitation,
reasonable solicitors fees. You agree that no bond or
other security shall be required in connection with such
injunction.
11. TERMINATION. Direct Ferries may terminate this
User Agreement and these terms and conditions and/or the
provision of any of the services at any time for any reason,
including any improper use of this site or your failure
to comply with these terms and conditions. Such termination
shall not affect any right to relief to which Direct Ferries
and its third party providers and distributors may be
entitled, at law or in equity. Upon termination of this
User Agreement and these terms and conditions, all rights
granted to you will terminate and revert to Direct Ferries
and its third party providers or distributors, as applicable.
12. ASSIGNMENT. You may not assign, convey, subcontract
or delegate your rights, duties or obligations hereunder.
13. MODIFICATION. Direct Ferries may at any time modify these terms of use and your continued use of this site will be conditioned upon the terms of use in force at the time of your use.
14. BOOKING CONDITIONS. When you purchase products from this site, you are agreeing to the applicable Terms and Conditions (including cancellation and amendment penalties) and you must read them before continuing with your booking. These terms and conditions can be viewed by clicking here.
15. ENTIRE AGREEMENT. This User Agreement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter here of, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. |
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