1. USER AGREEMENT
1.1. By using the Website, you agree to the term of this Agreement regardless of whether you have read through all of the applicable terms.
1.2. You agree that this Agreement will apply whenever you use the Website or any service or business offered on the Website. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING ANY LINKED DOCUMENTS (IF APPLICABLE), DO NOT ACCESS OR USE THE WEBSITE.
2.1. NexusTours reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current terms of this Agreement and all linked documents (if applicable). Your continued use of the Website will indicate your acceptance of the current Agreement. NexusTours also reserves the right to modify, change, supplement, delete, update discontinue, or suspend the Website including any products or services contained on or referenced on our Website, without notice to you and without liability.
3. REPRESENTATIONS AND WARRANTIES
3.1. By accessing or using the Website, you represent and warrant to us that you:
(a) Are of the age of majority in your jurisdiction and have the legal capacity to enter into this Agreement;
(b) By purchasing any products or services contained on the Website, you are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
(c) Consent, and (where applicable) you have obtained all necessary approvals, consents and authorizations from any third party, to submit information to us, including personal information and to delete or modify such information and all information submitted is true, accurate and complete;
(d) Accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of our Website under your name or account, as well as all use of others using your name or account on our Website; and,
(e) Agree to supervise all persons who are not of the age of majority in your jurisdiction that access or use the Website under your name or that use your name or account.
4. PROHIBITED USES
4.1. As a condition of using the Website, you agree not to access or use the Website for any purpose that is unlawful or that is prohibited by this Agreement. You may only access or use the Website for your personal use and not for commercial use or purposes. In addition to the foregoing, you also agree that, in accessing or using the Website, you will not commit or participate in any of the following acts or actions either directly or indirectly, each of which is expressly prohibited under this Agreement:
(a) Use any automatic device or manual process to copy or monitor content of the Website without prior written consent;
(b) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
(c) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
(d) Unless expressly provided for in this Agreement, create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change of the order of any information, products, services, and software contained or offered on, or obtainable by, through or from the Website. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of the Website;
(e) Access, use, encourage, solicit, permit, facilitate, aid, assist, or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access, use, or agree to provide the access or use, of the Website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation: "data mine"; "screen scrape"; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; manipulate or monitor any portion or content of the Website; or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. NexusTours reserves the right to bar any such activities;
(f) Use the Website to make fraudulent, illegitimate or illegal reservations or purchases. NexusTours reserves the right to cancel any and all such prohibited reservations without notice and without liability;
(g) Use or access the Website in any way that, in the opinion of NexusTours, has a negative effect on the performance or function of the Website, or any other computer systems or networks used by NexusTours (including, but not limited to, burdening our infrastructure to an unreasonable and disproportionate extent, or reducing the speed of the Website, that otherwise interferes with the normal functioning of the Website or otherwise abuses or overuses the Website);
(h) Attempt to upload or transmit to the Website or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of the Website, or take any action that imposes an unreasonable load on our computer equipment;
(i) Access data not intended for you or logging onto a server or an account that you are not authorized to access;
(j) Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or our servers, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
(k) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of NexusTours, including any NexusTours account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
(l) Send unsolicited and unauthorized e mail on behalf of NexusTours, including promotions and/or advertising of products or services;
(m) Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website;
(n) Post, transmit, or otherwise make available through or in connection with the Website including: (i) anything that is or may be: threatening, harassing, degrading, hateful, intimidating, defamatory, fraudulent, obscene, indecent, pornographic or otherwise objectionable, or protected by copyright, trade mark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; (ii) any material that would give rise to criminal or civil liability that encourages conduct that constitutes a criminal offence or that encourages or provides instructional information about illegal activities or activities such as "hacking," “cracking," or "phreaking"; or (iii) any material, non public information about a company without the proper authorization to do so; or
(o) Engage in any other conduct or activity that either conflicts with this Agreement or that NexusTours deems, in its sole, absolute and unrestricted discretion, to be in conflict with this Agreement.
5. USER ID AND PASSWORD
5.1. Access to and use of password protected and/or secure areas of the Website is restricted to registered, authorized users only. If you are an authorised user, you are entirely responsible for maintaining the confidentiality of the information of your account, including passwords and all activity that occurs under your account; you must keep this information secure and confidential. You agree to notify NexusTours immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by NexusTours due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
5.2. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
5.3. To become registered, you are required to answer a limited number of mandatory questions. By submitting information, you guarantee that all information you supply to us is true and accurate.
6.1. NexusTours, at its sole discretion and without prior notice, may terminate or restrict your access to all or any component of at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Website. If you continue to access the Website after such termination, your use shall constitute an act of trespass.
7.1. The Website provides you with convenient links and references to other websites that are owned and operated by third parties. NexusTours does not sponsor or endorse any information, products or services contained on or offered through any of the linked websites ("Linked Websites"). Likewise, NexusTours does not sponsor or endorse any persons or entities that are associated with Linked Websites. These third party sites and content are not maintained, operated or controlled by NexusTours, and NexusTours does not provide any guarantees regarding these Linked Websites. You assume sole liability for the access or use of such third party sites and content.
7.2. You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Website including any of NexusTours’ icons, logos, or trademarks without our prior written consent.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The content and data (including information relating to the pricing and availability of travel), as well as the Website infrastructure used to provide such content and information, is owned, controlled or licenced to NexusTours. All material contained on the Website, unless otherwise indicated, is protected by law including, but not limited to, copyright, trademark law, and unfair competition laws as well as other state, national, and international laws and regulations. You acknowledge that all right, title and interest in and to the Website and any and all intellectual property rights associated therewith are exclusively owned by NexusTours. You will not contest the validity of any trademark or NexusTours' exclusive ownership of it.
9. PRIVACY AND SECURITY
10. USER GENERATED CONTENT
10.1. Your photos, text, graphics, audio, video, location information and comments uploaded or posted in social media platforms are defined as User Content". By uploading User Content and posting User Content that you have tagged with NexusTours hashtags to social media platforms, you grant to NexusTours, its affiliates and its third-party service providers who provide content management services (collectively, the "Licensed Parties") the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or NexusTours -tagged User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
10.2. You hereby represent and warrant that: (a) you own all rights in and to your User Content; (b) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person[s] appearing in your User Content; (c) you are not a minor; (d) you are legally entitled to post the User Content, and the Licensed Parties' use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (e) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties' use of your User Content.
10.4. You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
10.5. The Licensed Parties reserve the right to remove any User Content from their websites, its social media platforms and from any other publication at any time, for any reason.
11. ADDITIONAL TERMS
11.1. You acknowledge and agree that products and services contained on, referenced or described in or obtained or obtainable through the Website, whether such products or services are those of NexusTours or of any third party, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due and availability of fares, products or services, and you agree to abide by all such Terms and Conditions which are incorporated herein by reference.
12. LIABILITY DISCLAIMER
12.1. USER ASSUMES THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, PRODUCTS OR SERVICES, MADE AVAILABLE BY NEXUSTOURS. NEXUSTOURS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, OR ACCURACY OF THE INFORMATION OR SERVICES DESCRIBED OR PROVIDED BY THE WEBSITE FOR ANY PURPOSE. NEXUSTOURS DOES NOT WARRANT THAT THE WEBSITE WILL MEET ALL OF YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE RESULTS OBTAINED THROUGH USE OF THE WEBSITE. IF ERRORS AND OMISSIONS OCCUR, NEXUSTOURS RESERVES THE RIGHT TO CANCEL THE RESERVATION AND REFUND ANY MONIES COLLECTED. NEXUSTOURS DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES RESPECTING TITLE, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, ALL OF WHICH NEXUSTOURS HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST NEXUSTOURS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
12.2. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, NEXUSTOURS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF EXCURSIONS, TRANSPORTATION, HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL SERVICES AND PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND NEXUSTOURS DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEXUSTOURS AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME, FOR ANY REASON.
12.3. IN NO EVENT SHALL NEXUSTOURS. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OF, THE DELAY OR INABILITY TO USE THE WEBSITE, FOR ANY INFORMATION OR SERVICES OFFERED OR AVAILABLE (OR NOT AVAILABLE) THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE WEBSITE; (B) BREACH OF THIS AGREEMENT; OR (C) ANY ACT OR OMISSION FO NEXUSTOURS; WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NEXUSTOURS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
12.4. IN THE EVENT THAT THE FOREGOING LIMITATIONS ARE NOT ENFORCEABLE, NEXUSTOURS' LIABILITY INCURRED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF PAYMENTS RECEIVED BY NEXUSTOURS FROM YOU.
13.1. As a condition of you accessing or using the Website, you agree to defend, indemnify and hold harmless NexusTours, its parent, affiliates and their respective directors, officers, employees, agents, and licensees from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with: (a) the NexusTours content and information on the Website; (b) any information, including personal information, you supply to us either on your behalf or on behalf of a third party; (c) your (or anyone acting under your name and account) use of the Website; or (d) a breach of this Agreement.
14.1. Waiver. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by NexusTours of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
14.2. Severability. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
14.3. Assignment. You may not assign its rights or delegate its obligations under this Agreement without NexusTours' prior written consent.
14.4. Relationship of the Parties. No joint venture, partnership, employment, franchise, or agency relationship exists between you and NexusTours as a result of this Agreement or your utilization of the Website.
14.5. Entire Agreement. This Agreement represents the entire agreement between you and NexusTours with respect to the use of the Website. Any rights not expressly granted herein are reserved.
14.6. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Barbados law. Any action will be brought in the courts of St. Michael, Barbados, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.