Travex.com Terms of Service and Disclaimer

 

Effective date: May 22, 2018

This page provides the terms and conditions under which you may use this website. The website is offered to you on condition that you accept, without modification to the terms, conditions and notices contained herein. By using this website, you indicate that you accept all the terms, conditions, and notices herein.

1 Our Service
The Travex.com website is an online community which enables people to post photos, questions, answers, opinions, links, and ideas specifically related to travel. It has been developed to help people discover places to visit and things to do. The website also helps to promote people and their businesses if they share photos or information that benefit the community.

2a Who can use TravEx
You can only use TravEx if you can legally form a binding contract with TravEx, and only in compliance with these Terms and all applicable laws. When you create your TravEx account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you are based in the EEA, you can only use TravEx if you are over the age at which you can provide consent to data processing under the laws of your country. Using TravEx may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
2b Our licence to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Service.
2c What you are not allowed to do
You may not use the Travex.com services to upload, transmit or share any content which:
-Does not comply with these terms
-Is not predominately travel related photographs or content
-Unlawfully infringes the intellectual property rights or other rights of third parties, including, but not limited to, trademarks, copyright, patents, publicity rights or privacy rights
-Includes sexually explicit images or other Content which is offensive or harmful to minors or harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person
-Includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, or disablement
-Makes use of a false name or identity or a name or identity that you are not entitled or authorized to use
-Contains any unsolicited advertising, promotional materials, or other forms of solicitation
-Contravenes any applicable law or government regulation in the jurisdiction where you use our Services
- Creates or submits unwanted email or comments to any Travex.com users.

3a Posting Content
TravEx allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on TravEx is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to TravEx. By submitting content to our website you represent and warrant to TravEx that you are the original photographer of, and accordingly all rights, including copyright holder and that TravEx is free to use the Content as provided in these Terms without obtaining permission or a licence from any third party.

3b How TravEx and Other users can use your content
-You grant TravEx and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, store, display, reproduce, save, perform and distribute your User Content on TravEx solely for the purposes of operating, developing, providing and using TravEx including without limitation making it available for sharing with other users and on other platforms and through other channels;
-Include the Content in marketing material sent to other platforms and channels in conjunction with challenges and / or competitions;
-Advertise and promote our Services using the Content
-Grant to the operators of public search engines permission to use search engines or search spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content
-We make no representation and warranty that Content posted on our website will not be unlawfully copied without your or our consent;
-We may use the Content for such other purposes as we may from time to time reasonably determine.
-Nothing in these Terms restricts other legal rights TravEx may have to User Content, for example under other licences. We reserve the right to remove or modify User Content, or change the way it is used in TravEx, for any reason. This includes User Content that we believe violates these Terms or any other policies.

3c How long can we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Travex, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes. TravEx and its users may retain and continue to use, store, display, reproduce, save, and distribute any of your User Content that other users have stored or shared on TravEx.

3d Feedback
If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, TravEx does not waive any rights to use similar or related feedback previously known to Travex, or developed by its employees, or obtained from sources other than you.

4 Disclaimer
We will not be responsible for any user entering into any agreement or making any decisions of whatever nature in connection with the content on the website and/or any other information obtained on website. We collect and use the information to operate our website and to deliver the services you have requested. We will also use your personally identifiable information to inform you of other products or services available from our network and our affiliates. We may also contact you via surveys to conduct research about your opinion of our current services or of potential new services that may be offered. We will disclose your personal information without notice, to the extent that it is necessary to carry out its business, or as required by law, or other legal processes. In addition, we make use of 'cookies' to track your preferences on our site. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information back from the browser. Our site uses cookies to identify users and personalise their visit by customising web pages for them. We do not use cookies to track the navigational habits of identified visitors unless we get your permission to do so. For this reason, some pages may not display correctly if you have disabled cookies on your browser. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookie

5 Links
We may provide links to/or accept links from websites of other parties for convenience. We do not control or maintain the material presented by other persons on their websites and we are not responsible for the content of any linked site or any link contained on a site. We provide these links to you only as a convenience and the inclusion of any link does not imply any association or relationship between us and the person sponsoring the linked site and does not constitute or imply any endorsement, approval or sponsorship of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly on linked sites. You agree that you will not link material on our site to another website, or associate or frame material on this site with another web page or materials of any other entity, without our prior consent. If we permit such links, association or framing, you must agree to link with it this Disclaimer and Terms of Use Web page and to immediately terminate the link, association or framing at our request, unless we otherwise expressly agree.

6 No warranties and limitation of liabilities
The information presented on this web site is provided 'as is', 'with all faults' and 'as available', without representation or warranty of any kind – as to suitability, reliability, merchantability, fitness, non-infringement, result, outcome or any other matter. We do not represent that such information is or will be always up to date, complete or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Insofar as our website contains links to any other internet website, you acknowledge and agree that we do not have control over any such website and shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from you access and/or use of any such website. Whilst we will do everything in our power to ensure that our server is free from viruses, Trojan horses, bombs, time-locks, or any other data, code or harmful mechanism that has the ability to effect the operation of your system, by employing industry standard virus protection and technology, we cannot and do not, however guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You agree that we are not liable to you or others, in any way or for any damages of any kind or under any theory, or for any costs, expenses, losses, and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or operational failure of the website, and or whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise, arising from this site, or your access to use of or reliance on the information on or through this site.

7 Governing Law and jurisdiction
The terms and conditions of this disclaimer shall be governed by and construed in accordance with South African law. The user irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the South African courts.

8 Entire Agreement
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website and supersedes all previous agreements in respect of your use of this website.