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Terms of service

TourCMS® is provided by Travel UCD Limited.

Notice to user: please read this agreement carefully. By using all or any portion of the service or by creating an account with TourCMS, you represent that you are at least 18 years of age and you accept all the terms and conditions contained in this agreement. You agree that this agreement is enforceable like any written negotiated agreement signed by you and you agree to be legally bound and to abide by this agreement just as if you had signed this agreement. You agree to use the service in a manner consistent with all applicable laws and regulations and in accordance with this agreement. If you do not agree to all the terms of this agreement, do not use this service. Travel UCD reserves the right to refuse participation to any applicant or user at any time in its sole discretion.

Travel UCD provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Your continued use of the service following such modification shall be deemed to be your acceptance of such modification. You can review the most current version of the TOS at any time at: http://www.TourCMS.com/company/tos.php

The service
TourCMS® provides users with access, various communications tools, personalised content and data accessed through any various medium or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from Travel UCD, such as service announcements and administrative messages and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Travel UCD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Travel UCD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Travel UCD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Your account
You will receive a password and account number upon completing the registration process and being accepted by Travel UCD. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

You agree to (a) immediately notify Travel UCD of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Travel UCD cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Please see the TourCMS data security standards

Trademarks and Copyrights
Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Travel UCD or other entities. You are not authorised to use any such marks. Ownership of such trademarks and other intellectual property remains with Travel UCD or those other entities.

Your content
Travel UCD does not claim ownership of Content you submit or make available for inclusion on the Service.

With respect to photos, graphics, documents, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, you grant Travel UCD the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available on a worldwide, royalty-free, and non-exclusive license. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Travel UCD removes such Content from the Service.

You agree not to upload, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

Links to 3rd parties
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Travel UCD has no control over such sites and resources, you acknowledge and agree that Travel UCD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Travel UCD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Limitation of liability
You expressly agree that your use of the service, content and TourCMS software is at your own risk. Neither Travel UCD, its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third party content providers, or licensors warrant that the service, ads or TourCMS software will be uninterrupted, timely, secure or error-free; nor do they make any warranty as to the results that may be obtained from use of the service, ads or TourCMS software including their accuracy, reliability, quality, adequacy, timeliness or authenticity. Nor do they make any warranty as to the accuracy, reliability, quality, adequacy timeliness or authenticity of any ads, information, service, products, merchandise or other material purchased provided by or through the service. The service, TourCMS software and ads are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. In no event will Travel UCD, or any person or entity involved in creating, producing or distributing the service, ads or the TourCMS software, be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the service, ads or TourCMS software. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action regardless of whether Travel UCD had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

General practices
You acknowledge that Travel UCD may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space, bandwidth and server processing that will be allotted on Travel UCD's servers on your behalf, and the maximum number of times (and the maximum duration for which) you or your customers may access the Service in a given period of time. You agree that Travel UCD has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Travel UCD reserves the right to remove free accounts that are inactive for an extended period of time. You further acknowledge that Travel UCD reserves the right to modify these general practices and limits from time to time.

If you are using a free account restrictions may be less favourable than for commercial accounts.

Closing your account
Accounts where no payment has been received for a period of ninety (90) days will be classified as inactive ("Inactive Account").

For free accounts (where no payment is received for system access fees), an account will be classified as inactive ("Inactive Account") where no staff login or new booking has been received for a period of ninety (90) days.

Travel UCD, in its sole discretion, may delete any existing data from Inactive accounts and the trying of submitting incoming data may be refused.

Law and Jurisdiction
This Agreement shall be considered as an agreement made in England and shall be interpreted in accordance with English Law and the courts of England shall have exclusive jurisdiction over all disputes which may arise between the parties.

Privacy policy
If you provide us with information about another person or entity, you confirm that they have appointed you to act for them, to consent to the processing of their personal data including sensitive personal data and that you have informed them of our identity and the purposes for which their personal data will be processed.

3rd party tools & services
While Travel UCD may suggest or supply software products and/or services from third parties, it cannot be held responsible for the performance of such software and/or services.

Reverse Engineering, Decompilation and Disassembly
You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Representation
By agreeing to these terms of service you acknowledge that you have not have relied on any prior representation, warranty or other assurance made by or on behalf of Travel UCD and you waive all rights and remedies which but for this agreement, might otherwise be available to you in respect or of such representation, warranty or other assurance, provided that nothing in this clause shall exclude or limit any liability for fraud.

Publicity
You agree that Travel UCD may use your name and logo in presentations, marketing materials, customer lists, financial reports and web site listings of customers.