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| Terms and Conditions
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Welcome to the HereisChina website (the "Website"). Please take a few minutes to review these terms and conditions ("Terms").
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. These terms and conditions apply to the Website including the trip request services and China Tours Platform services offered on the Website (the "Services"). By accessing and using this Website, you agree to each of the terms and conditions set forth herein ("Terms"). If you do not agree to these Terms, please do not use the Website or Services.
The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Website or using the Services for any reason.
Eligibility
You must be 18 years of age or older to visit the Website or use the Services. By visiting HereisChina or accepting these Terms, you represent and warrant to HereisChina, Inc. ("HereisChina") that you are 18 years of age or older and that you have the right, authority and capacity to agree to and abide by these Terms.
Trip Request Service and China Tour Platform Service
If you submit your contact information and trip details through the Website (a "Trip Request“ or a ‘Booking Inquiry”), HereisChina will pass your Trip Request to up to three Travel Agents (as defined below) or pass your Booking Inquiry to the travel agent who published that product you’re inquiring.
By submitting your Trip Request or Booking Inquiry, you authorize HereisChina to pass your Trip Request and booking inquiry to Travel Agents and you are expressly inviting Travel Agents to contact you by telephone or email according to your preferences submitted by you at the numbers and email addresses you have provided in the Trip Request. You hereby consent to any such calls even if your phone number is on any Do Not Call list. By submitting a Trip Request, you furthermore authorize HereisChina to follow up with you with respect to a Trip Request submitted by you and to contact you regarding any future HereisChina promotions or services.
There is no charge to you for submitting a Trip Request or Booking Inquiry. HereisChina is paid a fee by participating Travel Agents for passing on your Trip Request and by submitting a Trip Request you hereby agree to this.
For the purposes of these terms, a "Travel Agent" is any person or entity who acts as an agent of a supplier of, sells or offers for sale any travel, transportation or vacation arrangements.
What HereisChina Does Not Do
HereisChina is not a Travel Agent. Your interactions with Travel Agents or persons or entities arising out of any dealings from a Travel Agent, this Website or Services ("Other Parties"), including engagement of services, payment and delivery of services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Travel Agents or Other Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any Travel Agent or Other Party.
No Unlawful or Prohibited Use
As a condition of your use of the Website and Services, you agree that you will not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.
Limitations on Service
HereisChina has the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
(a) Restrict, suspend, or terminate your access to all or any part of the Website or Services;
(b) Change, suspend, or discontinue all or any part of the Website or Services;
(c) Refuse, move, or remove any material that you submit to the Website or Services for any reason;
(d) Refuse, move, or remove any content that is available on the Website or Services;
(e) Deactivate or delete your account(s) and all related information and files in your account;
(f) Establish general practices and limits concerning use of the Website or Services.
You agree that HereisChina will not be liable to you or any third party for taking any of these actions
Password
If you register with HereisChina, HereisChina will provide you with an individual password selected by you, which will allow HereisChina to establish a user account and process your trip request(s). You are responsible for keeping your password confidential and you are fully responsible for all activities that occur with the use of your password or account. You agree that you will not share your password with anyone else and if you discover any unauthorized use you will immediately inform HereisChina of such use.
User Postings
From time to time you may post or otherwise make available certain postings including Travel Agent feedback, reviews, ratings and testimonials (collectively, the "User Postings") on the Website or in response to HereisChina suppliers. You understand that the posting or otherwise making available of such User Postings is the sole responsibility of the person or entity from whom such User Posting originated.
You agree that you are entirely responsible for each individual item of User Posting that you post or otherwise make available via the Website and you shall not post or otherwise make available postings that are (i) unlawful, harmful, deceptive, threatening, abusive, harassing, defamatory or invasive of another's privacy, or (ii) harasses, degrades, intimidates or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You understand that HereisChina does not control, and is not responsible for User Postings made available through the Website, and that by using the Website or Services, you may be exposed to User Postings that are defamatory, offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that HereisChina does not pre-screen or approve User Postings, but that HereisChina shall have the right in its sole discretion to refuse, delete or move any User Postings that are available via the Website or HereisChina generated emails, for violating the letter or spirit of these Terms or for any other reason.
You agree that you must evaluate, and bear all risks associated with, the use of any User Postings, that you may not rely on said User Postings, and that under no circumstances will HereisChina be liable in any way for any User Postings or for any loss or damage of any kind incurred as a result of the use of any User Postings posted or otherwise made available via the Website or HereisChina generated emails.
Intellectual Property Rights
HereisChina grants you a non-exclusive, non-transferable, limited and revocable license to access the Website and, if you register, the Services for the purpose of making legitimate connections with Travel Agents and for no other purpose. HereisChina reserves and retains all rights, including without limitation all intellectual property rights, in the Website and Services not expressly granted in the aforesaid paragraph.
All content that is made available in connection with the Website and Services is protected under copyright laws and international conventions and is owned by HereisChina; provided that HereisChina does not claim ownership of User Feedback that its users post.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of HereisChina. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.
You grant, and you represent and warrant that you have the right to grant, to HereisChina an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute your User Feedback and to prepare derivative works of, or incorporate into other works, your User Feedback, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
HereisChina is a service mark of HereisChina.com. All other trademarks, logos, and service marks (collectively the "Marks") used in the Website and Services are the property of HereisChina or their respective owners. Your access to the Website and Services should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of HereisChina or the third party owner thereof, as shall be relevant.
Links
The Website and Services may contain images of and/or links to third party web sites, whether in the form of advertising or otherwise ("Linked Websites"). The Linked Websites are not under the control of HereisChina and HereisChina is not responsible for the contents of any Linked Website. HereisChina is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HereisChina of the site or any association with its operators.
Disclaimer of Warranties
HereisChina is not responsible for any interactions between you and any travel agents or any other parties arising out of your use of this website or services. the information, user postings and services included in or available through the website or hereischina generated emails may include inaccuracies or typographical errors. hereischina makes no representations or warranties about the results that may be obtained by using the services or the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, user postings, services and related graphics contained within the website for any purpose. all such information, user postings, services and related graphics are provided "as is" without warranty of any kind. hereischina hereby disclaims all warranties and conditions with regard to this information, user postings, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. notwithstanding anything contained herein hereischina accepts no liability if it is unable to perform a service as a result of (i) a technical problem which is not in its control or for which it is not responsible for, or (ii) the non or partial performance of another party upon which it is dependent to perform a service.
Indemnification
You shall indemnify and hold harmless HereisChina (and its officers, directors, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense, including reasonable attorney's fees, arising from any claim, demand, action or proceeding based upon or arising out of any use of a Lead, use of any service provided by HereisChina, or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
Terms Subject to Change
These Terms are subject to change by HereisChina at any time. HereisChina will notify you of any changes by email. Changes shall become effective ten (10) days after emailing to you such new terms. Your failure to cancel these Terms within such period shall constitute your agreement to be bound by the new terms.
Miscellaneous
Claims for enforcement, breach or violation of duties or rights under these Terms shall be adjudicated under the laws of PR. China, without reference to conflict of laws principles. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HereisChina as a result of these Terms or use of any of HereisChina's services. There are no third party beneficiaries of these Terms. If any part of these Terms 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 Terms shall continue in effect. No waiver of any term or condition of these Terms will be valid or binding on a party unless agreed upon by such party in writing. The terms and conditions contained in these Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, whether oral or written. The following sections survive any termination of these Terms: "Registration", "Purchase of Leads", "Proprietary Rights", "Representations and Warranties", "Termination", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification" and "Miscellaneous".
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