LAST UPDATED: AUGUST 2016
1. WHO WE ARE
1.1 The Services
FarCloser Travel Inc. (“FarCloser”) websites and domains, including www.farclosertravel.com, www.farcloser.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications (collectively, the “Applications”) are offered, maintained and provided by FarCloser. We refer to all of these as our “Services.”
FarCloser provides an all-in-one travel management platform for users who are planning a vacation anywhere in the world (“Travellers”). Travellers can use the Site to choose where they want to go, discover and compare tours and cruises (“Tours”), and be directed to the appropriate agency or company to book their trip (all uses collectively referred to as “Trip Planning”). Travellers can choose from a wide variety of Tour operators and travel agencies in our database that fits their criteria when Trip Planning (“Operators”). Operators may create online Portal that they can then customize for promotions and specials to market to Travellers (“Portals”). Travellers may then choose to book a Tour through an Operator. We refer to Travellers, Operators and other visitors and browsers of the Services collectively as “Users” or “you.”
3. YOUR ACCEPTANCE
4. TERM AND TERMINATION
4.2 Termination by FarCloser.
Except to the extent we have agreed otherwise in a separate written Addendum Agreement between you and an authorized officer of FarCloser, FarCloser may terminate your right to use the Services at any time for:
4.3 Termination by You.
4.4 Survival of Terms.
5. MODIFICATIONS TO THE TERMS AND PRICES
6. USE OF THE SERVICES
6.1 The Services
FarCloser hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely for the purposes of:
(a) Browsing the Services and searching for, viewing, comparing, and arranging the purchase of travel Tours; and/or
(b) If you are an Operator, creating a Portal, for marketing your Tours and business, seeking Travellers, and/or all other uses, you agree such use in each case
(ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly
(A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;
(B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);
(C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner;
(D) remove or alter any proprietary notices or labels on or in the Services; or
(E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
7. FARCLOSER’S ROLE
7.1 Comparison Service and Limited Agent
FarCloser is not the Operator or owner of the Tours listed for sale. FarCloser provides the Services, which allow Operators to list and promote their Tours, but all Transactions are made by the respective Operator listed on the Services. It is the Operator’s sole obligation to ensure that any Tour posting on the Services and the nature and conduct of the underlying Operator meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any Tour posting are actually delivered in a satisfactory manner as per industry standards.
All fees may vary based on individual Agreements between FarCloser and the Operators. FarCloser does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing Tours in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a Transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all Transactions are between an Operator and its respective Travellers, FarCloser asks that all Travellers contact the applicable Operator of their Tour with any refund requests. Operators agree to post and maintain a refund policy on each Tour confirmation and that refund policy will govern. In the event that there is a dispute between an Operator and a Traveller that cannot be resolved, either party may contact FarCloser. FarCloser may, in its discretion, attempt to mediate such dispute, however, FarCloser will have no liability for (a) an Operator’s failure to give refunds; (b) FarCloser’s failure to mediate a dispute; or (c) FarCloser’s decision if it does mediate the dispute.
8. DESCRIPTION OF SERVICES
FarCloser is offering to Users access to the web and mobile FarCloser Applications and Services. The provision of the Services is subject to these Terms, and includes, but is not limited to the following:
9. REGISTRATION OBLIGATIONS
Users may be able to register with the Services in order to save searches and add frequent flyer details. To be a registered user of the Services, you must first complete the registration process to create an your Account and select and register a unique user name and password (collectively, “Credentials“). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify FarCloser if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data“). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or FarCloser has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, FarCloser has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
FarCloser may act upon any communication that is given through your Account or by using your Credentials. FarCloser is not required to verify the actual identity or authority of a person using your Account or Credentials, but FarCloser may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if FarCloser is not satisfied with the verification. If FarCloser, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then FarCloser may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
11. USE OF THE WEBSITE – CONTENT AND COPYRIGHT
11.1 Site Content
FarCloser claim no intellectual property rights over the material you store through the Service.
FarCloser authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with FarCloser or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of FarCloser is strictly prohibited. FarCloser reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and FarCloser reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
FarCloser reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
11.2 Your Content
12. ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify, and hold harmless FarCloser, and their respective directors, officers, technology partners, employees, affiliates, and agents from all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Without limiting the generality of the foregoing, you shall indemnify and hold harmless FarCloser against liabilities arising from the following: (i) the products or services provided by you in connection with FarCloser; (ii) any actual or alleged defamatory or illegal material provided by you for placement on, or in connection with FarCloser; and (iii) any material provided by you on, or in connection with FarCloser, that actually or allegedly infringes on the intellectual property or personal rights of a third party. Each party agrees to (i) promptly notify the other party in writing of any indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at the party’s sole expense, and (ii) cooperate fully with the other party in defending or settling such claim; FarCloser reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
You understand and agree that:
Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither FarCloser, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Company Parties“) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services, and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law. For further clarity, information from Operators with respect to the Tours including, but not limited to, itineraries, pricing, and service descriptions (the “Travel Details”), and the accuracy thereof is the sole responsibility of the Operator, and Company Parties do not make any warranty or condition of any kind, whether express or implied, regarding the accuracy of Travel Details.
Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
The access to and downloading of material from this Website is done at your own risk. FarCloser makes reasonable efforts to ensure that this Website is virus-free, but FarCloser does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FarCloser customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The purpose of the Service is for backup of data in case of loss. Links to files stored by the Service may not be placed in the public domain. If you place a link to one of your files on a public website, your account will be terminated and you will be billed for any bandwidth used above and beyond the necessary bandwidth to transfer the files for storage.
13.3 Limitation of Liability
You expressly understand and agree that FarCloser shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of income, loss of business profits, business interruption, goodwill, use, data, property or other intangible losses (even if FarCloser has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to these terms, the use of this Website, or the Service. In no event will the cumulative liability of company parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section “Limitations of Liability” is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
FarCloser provides a platform in which Travellers and Operators can market, compare and connect to transact. However, FarCloser could not function if it were held responsible for the actions or inactions of different Travellers, Operators and/or third parties both on and off the Services. Therefore, for FarCloser permitting you to access and use the Services, you hereby agree to release FarCloser, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users and Operators) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
14.1 Force Majeure
You agree that FarCloser shall not be liable for damages of any kind arising from random acts of the universe or any other condition beyond its control.
14.2 Entire Agreement
The relationship between FarCloser 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 as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Alberta, Canada and the laws of Canada applicable in Alberta, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Alberta.
14.5 Binding Arbitration
This Agreement is subject to change with or without notice.
15. CONTACT US
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by FarCloser. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.