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Terms & Conditions
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1.
Definitions

The following definitions have the same meaning whether they are singular or plural.

"Agreement" means the Secret Earth – Terms and Conditions of Site Use (this document).

"User" means any user of or visitor to the Site.

"Site" means the website found at: www.secretearth.com.

"Secret Earth" means Secret Earth Limited (a company registered in England and Wales under company registration number 07297242) whose registered company address is: Central Building, 3 Matthew Parker Street, Westminster, London SW1H 9NE and any of its associated and/or subsidiary companies.

"Supplier" means a supplier of content or services, such as a hotel, tour operator, car hire company, or destination service supplier.

2.
Introduction

This Agreement between Secret Earth and the User sets out all the terms and conditions that apply to all visits to and/or use of the Site. A User is deemed to have accepted these in full when using the Site at any time.

A User who disagrees with or in any other way does not accept any term in this Agreement is deemed to be using the Site in an unauthorised manner and is responsible for discontinuing such use immediately.

It is the User’s responsibility to read these terms and conditions and to familiarise themselves with them. Specific attention is drawn to the final section which deals with limitations on Secret Earth liability and disclaimers. The fact that User’s attention is specifically drawn to this important section does not in any way qualify the need for a full review and understanding of all the terms and conditions.

A User hereby warrants they are 18 years of age or older and are legally able to accept these terms and conditions and thereby enter into this Agreement and are not prevented by any obligation owed to any other person from adhering to any term or condition contained herein.

Persons under the age of 18 years are not authorised by Secret Earth to use the Site but may operate the Site in the presence of a User and in such circumstances the User undertakes to be responsible for such operation and for any financial commitments made as a result.

3.
Personal and non-commercial use limitation

This Site is for personal use only and is therefore not to be utilised at any time or in any manner for commercial purposes (whether such purposes are for financial gain or not).

Site content is owned by Secret Earth and/or, where applicable, any Service Provider or client of Secret Earth. Accordingly, a User agrees not to use any content whatsoever at any time for any commercial or non-personal purpose (direct or indirect).

While a User may make limited copies of their travel itineraries (and related documents) for travel or services purchased through the Site, they agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information (including photos and images), software, products, or services obtained from the Site.

In addition, whether or not a User has a commercial purpose, a User agrees not to:

  1. access, monitor or copy any content or information using any robot, spider, scraper or other automated means or any manual process for any purpose;
  2. breach any restriction in any robot exclusion headers on the Site or bypass or circumvent other measures which have the purpose of preventing or limiting access to the Site;
  3. take any action that imposes, or may impose, at the discretion of Secret Earth, an unreasonable or disproportionately high load on the Secret Earth infrastructure; or
  4. deep link to any part of the Site for any purpose.

4.
Copyright and trademark notices

All contents of this Web site are: Copyright © 2010. All rights reserved. The Secret Earth logo is a registered trademark of Secret Earth.

5.
Indemnification

A User agrees to defend and indemnify Secret Earth and/or its Suppliers and any of its and/or their officers, directors, employees and agents from and against any claims, causes of action and consequent demands, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonably incurred legal and other professional fees, brought by a third party as a result of:

  1. User breach of this agreement and Notices or the documents and/or other terms referenced herein;
  2. User breach of any law or the rights of a third party howsoever those rights arise; or
  3. User use of the Site.

6.
No unlawful use

A User is prohibited from using the Site for any purpose which is not envisaged by this agreement and/or any purpose which is otherwise unlawful, prohibited, breaches any other person’s rights (howsoever arising) or is in the sole discretion of Secret Earth considered an appropriate purpose.

7.
Links to third-party sites

Where the Site contains links to other web sites and resources provided by third parties, these links are provided for information only. Secret Earth has no control over the contents of those sites or resources, and therefore cannot accept responsibility for them or for any User’s loss or damage that may arise from their use.

8.
Software available on this web site

Any software that is made available to download from the Site ("Software") is the copyrighted work of Secret Earth. Use of the Software by a User is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A User may not install copy or use any Software that is accompanied by or includes a License Agreement unless they first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Secret Earth hereby grants to a User a personal, non-transferable license to use the Software for viewing and otherwise using the Site in accordance with these terms and for no other purpose. By installing, copying or otherwise using the Software, a User agrees to be bound by the terms and conditions of this license.

All Software is owned by Secret Earth and/or its affiliates and/or their Suppliers and is protected by copyright laws and international treaty provisions. A User may only make copies of the Software for backup or archival purposes. Any other reproduction or any redistribution of the Software is expressly prohibited by law, and may result in civil and/or criminal penalties. Breaches of this prohibition by any User will be prosecuted to the maximum extent possible. A User may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTIED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

9.
Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Secret Earth may offer some high level/general health and safety information. This information is not intended to be comprehensive or necessarily current e.g. political turmoil, terrorism, disease outbreaks, and piracy. A User should always take care to review any travel prohibitions, warnings, announcements and advice issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the FCO's website currently located at http://www.fco.gov.uk/travel; or BBC Ceefax. Online medical advice for travellers can be found at the Department of Health's website currently located at http://www.doh.gov.uk.

A User based outside the United Kingdom should refer to equivalent government sites for their own country of residence.

10.
User Reviews, Comments and Content

Secret Earth may offer a facility allowing a User to post reviews, comments and other material in relation to holiday and travel experiences (“User Feedback”). A User has no proprietary rights in User Feedback and the same material may be freely used, copied, distributed and made available in any medium and in any form by Secret Earth without User permission. User Feedback must i) be appropriate to that service, ii) comply with these terms and iii) comply with any accompanying guidelines made available on the Site. A User agrees to indemnify Secret Earth for all damages, losses, costs and expenses in relation to claims brought by any third party arising out of or in connection with breach of these terms in relation to any User Feedback.

A User hereby represents and warrants that they:

  1. own or otherwise control all of the rights to their User Feedback;
  2. submit accurate User Feedback as at the date of posting;
  3. provide User Feedback that does not breach any terms, conditions, guidelines or policies (as applicable from time to time);
  4. will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: A User will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
  5. will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
  6. will not post or distribute any information or material that is owned by any third party without the express written consent of such party to do so.

Secret Earth reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any User Feedback. Amongst other things, this includes situations where Secret Earth receives a third party complaint and/or has reason to believe that there has been a breach of this agreement.

If a User or other relevant party has a complaint about any reviews, comments or material posted on the Site the User should put such complaint in writing (giving as much information as possible about the circumstances) to: john.kat@dpluse.net.

11.
Terms and conditions for bookings

A User should be aware that in making a booking they will be subscribing to and be required to agree to the terms and conditions issued by the service or product supplier. A User agrees to abide by the terms or conditions of purchase imposed by any Supplier with whom a User elects to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability and use of products or services.

A User understands that any violation of any such Supplier's conditions of purchase may result in cancellation of User reservation(s) or purchase, denial of access to any product or service and may result in loss of the purchase price or a deposit and potentially other consequential losses. A User will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site.

12.
Modification of these terms and conditions

This Agreement can be changed by Secret Earth at any time without prior notice. A User is expected to check this Agreement from time to time to take notice of any changes made, as they are binding on all Users. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on the Site.

13.
General

Secret Earth may, and a User may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

A User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and Secret Earth as a result of this agreement or use of the Site.

Secret Earth’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Secret Earth’s right to comply with law enforcement requests or requirements relating to User use of this Site or information provided to or gathered by Secret Earth Limited with respect to such use.

If any part of this agreement 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 the agreement shall continue in effect.

This agreement constitutes the entire agreement between a User and Secret Earth with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Secret Earth with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

14.
Use of the Site

The Site is provided to assist a User to research and plan holidays, and to manage their travel bookings. A User is not permitted to use the Site for any other purpose, and must only use the Site for a legitimate purpose.

A USER MUST NOT IN ANY CIRCUMSTANCES MAKE BOOKINGS THAT ARE DELIBERATELY INACCURATE (WHETHER AS TO THE INTENTIONS OF THE USER OR AS TO THE INFORMATION PROVIDED TO MAKE SUCH A BOOKING) OR ARE NOT FOR A LEGIMATE TRAVEL RELATED INTENTION OR ARE OTHERWISE FRAUDULENT.

A User understands that overuse or abuse of the travel services reservation facilities of the website may result in the User being denied access to such facilities.

15.
Liability disclaimer

THE INFORMATION DISPLAYED ON THE SITE HAS BEEN PROVIDED BY SECRET EARTH AND ITS RESPECTIVE SUPPLIERS.

WHILE ALL REASONABLE IS MADE TO KEEP OUR SITE INFORMATION UP TO DATE, TRAVEL INFORMATION BY ITS NATURE CHANGES REGULARLY AND THERE MAY BE A DELAY IN UPDATING OR CORRECTING INFORMATION DISPLAYED ON THE SITE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY SECRET EARTH, A USER MUST ENSURE THAT THEY VERIFY ALL INFORMATION WITH THE AGENT OR SUPPLIER.

A USER SHOULD NOTE THAT ALL RATINGS AND DESCRIPTIONS SHOWN ARE INTENDED AS GUIDANCE ONLY AND MAY NOT BE AN OFFICIAL RATING OR BE IN LINE WITH UK CLASSIFICATIONS. SECRET EARTH DOES NOT ACCEPT ANY LIABILITY IN RELATION TO THE RATINGS AND DESCRIPTIONS SHOWN.

THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, SECRET EARTH AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:

ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:

  • LOSS OF INCOME OR REVENUE;
  • LOSS OF BUSINESS;
  • LOSS OF PROFITS OR CONTRACTS;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF DATA;
  • LOSS OF GOODWILL;
  • WASTED MANAGEMENT OR OFFICE TIME;
  • ANY LOSS ASSOCIATED WITH A POOR, UNFORTUNATE OR DISAPPOINTING TRAVEL EXPERIENCE; AND

FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.

THIS DOES NOT AFFECT SECRET EARTH’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS OWN NEGLIGENCE, NOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW GOVERNING THIS AGREEMENT.

SECRET EARTH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR QUALITY OF THE INFORMATION, STATEMENTS, SOFTWARE, PRODUCTS AS PROVIDED BY ANY THIRD PARTY SUPPLIER OR PARTNER (OR AS THE SAME MAY OTHERWISE BE DESCRIBED WITHIN THIS AGREEMENT) AND SERVICES APPEARING ON THE SITE FOR ANY PURPOSE AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF THE SAME ALTHOUGH SECRET EARTH DOES EMPLOY REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES UNDER ITS CONTROL ON THE SITE.

SECRET EARTH GIVES NO WARRANTY (EXPRESS OR IMPLIED, WRITTEN OR VERBAL) AS TO SUITABILITY, QUALITY, FITNESS FOR PURPOSE AND/OR AUTHENTICITY OF ANY PRODUCT AND/OR SERVICE APPEARING ON THE SITE NOR DOES IT GIVE ANY WARRANTY OR ASSURANCE AS TO THE SUITABILITY OR QUALITY OF ANY THIRD PARTY SUPPLIER AS APPEARING ON THE SITE.

THE CARRIERS, HOTELS AND OTHER SUPPLIERS OR THIRD PARTIES PROVIDING TRAVEL, PRODUCTS OR OTHER SERVICES FOR OR IN ASSOCIATION WITH SECRET EARTH ARE INDEPENDENT OF SECRET EARTH AND NOTHING DOES, OR IS INTENDED TO, RENDER THEM AS AGENTS, EMPLOYEES OR OFFICERS OF SECRET EARTH. SECRET EARTH CANNOT AND DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR THE STATEMENTS, ACTS OR OMISSIONS OF ANY SUCH SUPPLIERS OR THIRD PARTIES AT ANY TIME AND ANYWHERE IN THE WORLD OR FOR ANY LOSS, INJURY, DAMAGE OR DISAPPOINTMENT CAUSED BY ANY SUCH SUPPLIERS OR THIRD PARTIES INCLUDING, WITHOUT LIMITATION, DELAYS, CANCELLATIONS, OVERBOOKINGS, STRIKE ACTION OR OTHER CIVIL UNREST, FORCE MAJEURE OR OTHER CAUSES BEYOND THE DIRECT CONTROL OF SECRET EARTH. MOREOVER SECRET EARTH CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY COSTS, EXPENSES, FEES, FINES, PENALTIES, DAMAGES, COMPENSATION AWARDS CAUSED BY SUPPLIER ACTS OR OMISSIONS AND WHETHER THE SAME ARISE OUT OF OR IN CONNECTION WITH ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OBLIGATION AND WHETHER OR NOT SECRET EARTH IS AWARE OF UNAWARE OF THE SAME OR THE POTENTIAL FOR THE SAME TO ARISE. A USER IS STRONGLY ADVISED TO MAKE THEIR OWN ENQUIRIES AND SATISFY THEMSELVES AS TO THE QUALITY OR SUITABILITY OF ANY SUPPLIER OR THIRD PARTY DETAILED ON THE SITE OR OTHERWISE.

THIS DOES NOT AFFECT A USER’S STATUTORY RIGHTS AS A CONSUMER.

THE EC PACKAGE TRAVEL DIRECTIVE (90/314/EEC) AS AMENDED FROM TIME TO TIME AND AS IMPLEMTNATED IN ANY JURISDICTION DOES NOT APPLY TO SECRET EARTH OR ITS SERVICES.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, SECRET EARTH DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

16.
Law and Jurisdiction

The English courts have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although Secret Earth retains the right to bring proceedings against any User for breach of any term or condition of this Agreement in the User’s own country of residence or any other relevant country.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.