TERMS OF USE

Last updated Jan. 13, 2020

1   PURPOSE OF THE TERMS OF USE

The purpose of these Terms of Use (hereafter the “Terms”, “Terms of Use”) is to set out the provisions applicable to all visits of www.fandsh.com (hereafter the "Website") operated by F&Sh Travel & Fun Ltd(hereafter the “Company”,“we”,“us”,“our”) and all uses of the services accessible through the Website by a User (hereafter the “User”,“you”,“your”).

Users of the Website are invited to carefully read the Terms and to print or save a copy for their personal use. The User acknowledges having read the Terms and accepts them without restriction or reservation. 

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

2   MODIFICATIONS TO THE TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

By continued use of the Website after the post of revised Terms of Use means that you accept and agree to the revised Terms. Users of the Website are invited to check the Terms each time you access this Website to aware any changes. 


3   TERMS AND CONDITIONS FOR WEBSITE ACCESS

The Website is accessible for any potential User with internet access. Obtaining products or services, the creation of a user account or, in a broader sense, browsing the Website implies that the User has read and agrees with the Terms.


3.1   ACCESSIBILITY

We reserve the right to interrupt, withdraw or amend all or part of the Website, and any service or material we provide on the Website, in our sole discretion without prior notice.

 USER OBLIGATIONS

By accessing, visiting or using the Website, Users guarantee and certify that they:1) are legally authorized to access the Website, and are legally enter into this contractual relationship, 2) will be responsible for all use made of the Website by themselves or by anyone using their login information, 4) will ensure that all persons who access the Websites through their internet connection are aware of these Terms of Use and comply with them.


3.2   Prohibited Uses

Users may use the Websites only for lawful purposes and in accordance with these Terms of Use. Users certify that they will not use the Website for purposes that are illegal or prohibited by law or the Terms.

Depending on their countries of origin, Users may also be subject to specific laws and regulations they must undertake to be aware of and respect.


4   LIMITS OF LIABILITY

The Website provides the User with information for general guidance purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. 

We may update the content on this Websites from time to time, but its contents isare not necessarily complete or up-to-date. We are under no obligation to update such material.

We shall in no way be liable for any damage or loss which arises out of the use of the information and content available on the Website. The User assumes full responsibility for the proper and judicious use of the information provided on the Website. 


5   PERSONAL DATA

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree and consent to all actions we take with respect to your information consistent with our Privacy Policy.

You should use particular caution when inputting personal information on to the Websites on a public or shared computer so that others are not able to view or record your personal information.


6   USER ACCOUNT

A registered User on the Website has the ability to access his/her account by logging in. The User is entirely responsible for protecting the password he/she has chosen, and is encouraged to use complex passwords. Users are free to delete their account and data on the Website.

To create an account for ordering products or services or contributing content to the Website, the User will be asked to provide certain personal information. The User agrees to provide accurate information.

We reserve the right, in our sole discretion to delete the account of any User for any reason whatsoever, including without limitation if you breach the Terms. This deletion does not prevent Company from initiating legal action or a lawsuit against the User, should the facts warrant it.


7   PURCHASES AND OTHER TERMS AND CONDITIONS WHEN APPLICABLE


7.1   All purchases or transactions through the Website are governed by the specific terms applicable to each product or service, which are hereby incorporated into these Terms of Use.


7.2   Unless otherwise stated, all of the services and/or products offered to you via this Website are subject to third-party providers’ or business partners' terms and conditions applicable to a reservation or purchase of a product and/or service. In the event of terms that are directly conflicting between these Terms of Use and terms of conditions for each product or service, the terms and conditions for each product or service shall control.


7.3   You agree to comply with all applicable third-party providers’ or business partners’ terms. Those terms may be supplied to you within the service or directly by the third-party providers or business partners. We are from time to time required to provide our client contact details to our third-party providers or business partners to the extent that they need such details in order to enable them to execute their contractual responsibilities.


7.4   You are responsible for any and all costs and fees associated with products or services provided by third-party providers or business partners. If a third-party provider or business partner ceases to make its service available to Company or requires Company to suspend or terminate the provision of all or any part of its services to you, or if we terminates its arrangements with the third-party providers or business partners, then we may suspend or terminate that part of its data or services immediately without notice or further obligation to you.


7.5   You acknowledge that third-party providers’ or business partners’ data, products or services do not constitute a recommendation of any kind and is provided for informational purposes only. You expressly agree that your use of third-party providers’ or business partners’ data, products or services is at your own risk.


7.6   If you register on the Website for purchases or entering transactions, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts or cancel orders in our sole discretion.


7.7   The availability of certain products or services may be limited, and products or services may not be available for immediate sale. We may revise or cease to make available any product or service at any time without prior notice. 


7.8   Contents, including but limited to the price, features, offers, itineraries, etc., posted are subject to change without notice, pictures shown are for illustration purpose only. We try to ensure that the prices on this website are accurate. However, errors do occur and we reserve the right to refuse to accept and/or the right to cancel and refund any bookings, purchased at any price published in error.


7.9   Any payment you have agreed to make, to Company or to any third-party provider or business partner is subject to any applicable taxation or similar financial imposition. You are responsible for paying any additional sum imposed in this way. 


8   LINKING TO THE WEBSITES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. We reserve the right to require you delete your link to our homepage at any time.


9   LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third-party providers or business partners, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party provider’ or business partner’ websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


10 INTELLECTUAL PROPERTY


10.1 INTELLECTUAL PROPERTY

All elements of this Website are the property of Company or a third-party provider or business partner, or are used on the Website with the authorization of their owner. 

Any representation, reproduction or adaptation of the content of the Website is strictly prohibited and constitutes an infringement.


10.2  INTELLECTUAL PROPERTY OF USERS

For content protected by the intellectual property rights held by the User, the User grants Company and its affiliates, third-party providers or business partners, and advertising and promotional agencies(collectively, the “F&SH”) an exclusive, transferable sub-licensable, royalty-free, perpetual, irrevocable, unrestricted worldwide license to use and/or reuse, display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, sublicense, and otherwise exploit your content created by you, name, likeness, image, voice and/or any other identifiable representation of you (collectively “Contents”), in whole or in part, individually or in conjunction with other items for any purpose, including, but not limited to, advertising, marketing, promotional, publicity, entertainment and instruction/education, throughout the world, in any manner, form, style, medium or technology now known or hereafter devised, including, but not limited to, print, video, television, social media, broadcast, internet and electronic media.

You further agree and represent: 1) to waive any right to inspect or approve any advertising copy or any other material which may be used in conjunction with your Contents; 2) waive any moral rights you may have in or in respect of thereof; 3) you will not be entitled to any compensation for any use by F&Sh of your Contents; 4) to release and indemnify F&SH of and from any and all actions, claims, costs and expenses (including reasonable legal fees and costs), demands, proceedings, judgments, penalties, damages of any nature or kind whatsoever, which you or anyone on your behalf or any third-party may have had, now have or in the future may have against F&SH in connection with the use of your Contents; 5) you have the right, without any third-party approvals, to grant the rights as set out herein; and 6) the use of the Content will not violate or infringe upon the trademark, tradename, copyright, artistic, and/or other proprietary rights of any third-parties.

For User contributions (testimonies, advice, recommendations), this license shall allow Company to publish the User’s testimony or advice anywhere on the Website deemed appropriate. The license shall also allow Company to modify or withdraw the contribution if this should prove necessary for Website administration. This license covers the moral rights that the User may possess, which the User waives unless it can be demonstrated that the modification in question is prejudicial to the User’s honor or reputation.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 


11 LIABILITY

We cannot be held liable for any damages to the User’s computer system and/or loss of data resulting from the use of the Website by the User, whatever the cause.

We undertake to continuously update the content of the Website and to provide Users with clear, accurate and up-to-date information. In principle, the Website is accessible at all times except during technical maintenance and content updating operations. We cannot be held liable for any damages resulting from the unavailability of the Website or any part thereof.

We cannot be held liable for any technical unavailability of the connection, whether caused by a case of force majeure, maintenance, an updating process, changes to the site, an action by the hosting company, an internal or external strike, a network crash, or an electrical power outage.

We cannot be held liable for the non-functioning, unavailability of access or malfunction of the Website due to the use of unsuitable hardware, incorrect configuration or use of the User’s computer, service provider failure or Internet malfunction.


TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, THE AFFILIATED ENTITIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY,  CAUSED BY OR IN CONNECTION WITH A) YOUR USE, OR INABILITY TO USE, THE WEBSITE, B) THE CONTEST OF THE WEBSITE, C) ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY WEBSITE LINKED TO IT, D) THE PRIZE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.


12 Miscellaneous.


12.1  Indemnification

You agree to defend, indemnify, and hold harmless the Company, the Affiliated Entities, their respective licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.


12.2  Severability. 

If any term, provision, covenant or restriction of this Terms is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 


12.3  Waiver.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


12.4  HEADINGS, GENDER AND “PERSON.” 

All Section headings contained in this Terms are for convenience of reference only, do not form a part of this Terms and shall not affect in any way the meaning or interpretation of this Terms. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. Any reference to a “person” herein shall include an individual, firm, corporation, partnership, trust, governmental authority or body, association, unincorporated organization or any other entity.


12.5  APPLICABLE LAW 

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by the laws of the Province of Prince Edward Island..


13 Feedback, Opinions and Information

We welcome your support, comments, questions, and feedback regarding the Website, which you should direct to fandshtravel@gmail.com. By providing feedback or information via this site, you agree that any feedback or information you submit is not confidential and becomes, upon submission, the sole and exclusive property of Company. You further agree that the Company are free to use such information on an unrestricted basis without compensation to you or any other person or party.

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