These Terms and Conditions apply when you access our website to use Explorra Inc,("Explorra.com") services. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally will then be able to use our website to which these Terms and Conditions apply.
Explorra.com may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our web site ("www.Explorra.com") and announcing such changes in the site forum.
Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.
1.0 Explorra.com - a platform for marketing, not a travel agent.
Explorra.com does not sell holidays, nor has responsibility over the holidays sold by other 3rd parties. Explorra is a marketing platform which brings to the attention of the general public the best travel deals from a variety of travel agents and tour operators. All enquiries referring to the advertised holidays, transactions or services undertaken should be directed to the relevant travel agency or tour operator.
1.1 For your information we list below the address details of Explorra Inc:
Registered Office: 60 Water St, Unit 912, Brooklyn, NY 11201
2.1 Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Explorra.com. Further, our services are not available to temporarily or indefinitely suspended Explorra.com members.
3.1 In order that a legally binding contract can be formed between Explorra.com and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions unconditionally by simply using the website.
3.2 Explorra.com in their absolute discretion reserves the right to refuse, suspend or cancel membership or access of any member.
3.3 These Terms and Conditions shall override any contrary terms or conditions published by Explorra.com or appearing on this web site pertaining to members.
4.1 The Services shall be made reasonably available to you, subject to these Terms and Conditions and subject to technical errors and downtime which may be associated with the Internet and the Site. You acknowledge and accept that Explorra.com has no control over the Internet, which is a global decentralised network of computer systems. Access to the Site and Services shall not, therefore, be error free or uninterrupted and may be disrupted and very variable.
4.2 The Site is maintained in partnership with Explorra.com's hosting service providers. Every effort is made to ensure the continuity of the Site and Services, but some occasional technical downtime beyond our control and/or the control of our hosting service provider may occur. You acknowledge and accept that such downtime may prevent the Site being viewed and may restrict access to your subscription account or the ability to access the Services from time to time.
4.3 You acknowledge and accept that the disclaimers and limitation of liability relating to the Site and Services set out in clause 17 will apply.
4.4 In the event that any individual component of the Services is disputed then the parties shall endeavour in good faith to reach agreement in relation to the disputed Services. In the event that such dispute cannot be resolved, the matter shall be referred for resolution to an independent expert as appointed on application by either party by the Chartered Institute of Arbitrators in the United Kingdom. The parties agree to be bound by the decision made by such independent expert.
5.1 If you are acting as a consumer, under the Consumer Protection (Distance Selling) Regulations 2000, you have a statutory right to cancel any distance contract either within 7 days of the date of purchase as long as you have not yet accessed the relevant services. Accordingly, if you are acting as a consumer you may cancel any subscription to/purchase of Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to more than 1 report on the Site) or the end of 7 days from the date of purchase, whichever is shorter ("Consumer Cancellation Period"). If you are acting as a consumer and validly cancel any contract for Services within the Consumer Cancellation Period Explorra.com shall refund to you the Fees paid for the relevant Services. If you are acting as a consumer and cancel any contract for Services outside the Consumer Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.
5.2 If you are not acting as a consumer (i.e. using the Services in the course of your business), the Consumer Protection (Distance Selling) Regulations 2000 shall not apply. Accordingly, if you are not acting as a consumer Explorra.com's cancellation policy is as follows: you may cancel any subscription to/purchase of Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to more than 1 report on the Site) or the end of 3 days from the date of purchase, whichever is shorter ("Business Cancellation Period"). If you are not acting as a consumer and validly cancel any contract for Services within the Business Cancellation Period Explorra.com shall refund to you the Fees paid for the relevant Services. If you are not acting as a consumer and you cancel any contract for Services outside the Business Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.
6.1 There may be third party advertising posted on the Site from time to time which may contain links to third party web sites, frames and portals ("Third Party Sites"). You acknowledge and accept that Explorra.com does not exercise any review or editorial control over the content of such third party advertising whatsoever.
6.2 Accordingly, all Explorra.com's liability or responsibility for the content of such third party advertising on the Site and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.
6.3 Furthermore, Explorra.com has not reviewed the content of Third Party Sites. Explorra.com is not responsible for the content or availability of these Third Party Sites. If you decide to use any link to a Third Party Site you leave the Site and you do so at your own risk. It is your sole responsibility to take all protective measures to guard against viruses or other destructive elements, which may exist on those Third Party Sites.
6.4 Links to Third Party Sites in the third party advertising or otherwise on the Site does not imply that:
7.1 Explorra.com reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member's responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Explorra.com.
7.2 Explorra.com does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.
7.3 Where Explorra.com provides hyperlinks to a third party's website, Explorra.com shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Explorra.com does not endorse or approve the content of such third parties websites.
7.4 Explorra.com makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum.
8.1 Overview. The Site acts as a venue for resources in the travel industry, and for professionals to interact, share information and opinions, and advertise ("the Services") including but not limited to posting information on the Site via forums and blogs (see clause 11 below) and advertising (see clause 9 below). Although community members may choose to conduct business related communications and transactions through the site, Explorra.com is not involved in the actual transaction between buyers and sellers. As a result, Explorra.com have no control over the quality, safety, truth, accuracy or legality of any products, items, vacancies, statements or services posted or offered, nor does Explorra.com have any ability whatsoever to warrant or guarantee the integrity of the providers or purchasers of such products, items, vacancies, statements or services. Explorra.com cannot ensure that any provider or purchaser will actually complete a transaction.
8.2 Member identities. Because identification and authentication on the Internet is difficult, Explorra.com cannot and does not confirm each member's purported identity. Explorra.com has established a member-initiated rating system to help you evaluate the quality of any individual's input and Explorra.com allows members to give access to information about themselves to other members. If you are in any doubt as to an individual's identity you are encouraged to attempt to communicate directly with that person to further establish their credentials.
8.3 Release. In the event that you have a dispute or issue with one or more of the other members, you shall release Explorra.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8.4 Information Control. Explorra.com is designed to help members obtain travel information, advertise travel deals and offers. This information is sometimes provided by our members, many of whom use anonymous User IDs and are people we may have never met. Whilst the quality of material submitted to our Site is generally high, Explorra.com does not control the information provided by members, and you may find other member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site. Please note that there are also risks in dealing with foreign nationals, underage persons or people acting under false pretences including underage persons.
8.5 Furthermore, as you cannot be sure who any contributor really is, you should treat the contributors here in the same way that you would treat anyone you had come across for the first time. You should not rely upon the information you find at the Site but rather, you should use it as a starting point for doing independent research, then decide for yourself the accuracy and merits of the information that has been shared in our forum and on our Site including on the blogs section of the Site (see clause 11 below). As such Explorra.com cannot guarantee and gives no warranty as to the accuracy, veracity, or completeness of any such information provided.
8.6 The opinions expressed on this Site are those of the contributing individuals. If you act on anything that is said or done you must do so on the basis of a considered decision of your own, having weighed up the pros, cons and risks thereby fully accepting the responsibility for the success or failure of your actions. Under no circumstances shall Explorra.com be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Site. You agree to indemnify Explorra.com against any actions, claims, proceedings, or liabilities arising from your use of the content of the Site.
9.1 Notwithstanding and subject to the remaining terms and conditions herein, the following conditions govern our acceptance of all forms for digital content (articles, photos, links, videos) you submit to us
9.2 If you submit any digital content (articles, photos, links, videos) to us for publication on the Site, you warrant to us that the digital content:
By submitting digital content to us, you agree to licence it to us, free of charge, on a full royalty-free licence, transferrable, worldwide.
25.3 Explorra.com has the right to carry out a manual review of each digital content submitted by you before it is published on the Site. Explorra.com reserves the right to amend, edit or abbreviate any digital content at our discretion. Explorra.com also reserves the right to refuse to publish any Advert for any reason, but particularly if it is in breach of clause 9.2 above.
9.4 Notwithstanding clause 9.3 above, it shall be entirely your responsibility to correctly and accurately post digital content. Explorra.com shall not be liable for any omissions, errors or inaccuracies in the information submitted. Accordingly, it is your responsibility to check the digital content submitted and notify us of any omission, error or inaccuracy. Explorra.com will make reasonable efforts to make corrections to the digital content as notified to us by you but make no guarantee that such corrections will be made.
9.5 You acknowledge and accept that there may be technical downtime that Explorra.com has no control over the Internet. Our website may be attacked by viruses, worms, Trojan horses, cancelbots, or other harmful and destructive elements causing error. Such downtime or errors may prevent your content being viewed by users of the Site. Explorra.com shall not be liable if the publication of any digital content is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime and such destructive elements.
9.6 If you properly notify us of an error in the publication of any content deviating from the information provided to us by you in the submission procedure set out on the Site, which materially detracts from the Explorra's goals, Explorra.com may at your request either:
9.8 You agree to indemnify us in respect of claims, damages or other charges incurred by us (whether direct or consequential) including legal costs arising from any action relating to publication of any digital content submitted by you on the Site.
10.1 "Your Information" is defined as any information you provide to Explorra.com or other users during registration, in any public message area, through feedback or any e-mail or form features
10.2 Your Information and conduct (or any items listed therein) shall not:
10.4 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don't disclose your password to anyone. If your password has been stolen, you must let us know. Explorra.com may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.
10.5 While Explorra.com cannot review all transmissions by members in the forum, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Explorra.com, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards, forums and blogs) that we deem inappropriate or that violates any of this agreement.
11.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Explorra.com.
11.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
11.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
11.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Explorra.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Explorra.com or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.
13.1 Without limiting other remedies, Explorra.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if:
15.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member's sole risk and without representations or warranties of any kind and to the full extent permitted by law. Explorra.com and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.
16.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Explorra.com where and to the extent that applicable law prohibits such exclusion or limitation.
16.2 Subject to the above statement and any clauses relating to limitation of liability elsewhere in these terms and conditions, in no event shall Explorra.com or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement including the Site or Services.
16.3 Accordingly, subject to clause 17.1, you agree not to bring a claim of any nature against Explorra.com in relation the use of or access to the Site and use or access to the Services, except where such a claim cannot be excluded by law. You acknowledge and agree that Explorra.com will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Explorra.com in breach of the foregoing.
16.4 Explorra.com shall not be liable or responsible in any way for any damage caused by any misuse of the Site by you or any third party, or caused by any Service.
16.5 Explorra.com shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these Terms and conditions at any time in writing which amendments will be deemed to be agreed by you upon using the Site and Services. Subject to clause 16.1 above, Explorra.com shall not be liable for any damage or expenses incurred by you or any other person as a result of such modification, suspension or cancellation of any game or reasonable amendment to these Terms and Conditions.
16.6 You acknowledge that information, software and other material accessible over the Internet via the Site may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. Explorra.com shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet, Site or Services.
17.7 Explorra.com shall not be liable for orders for purchase of or subscriptions to Services which are made via the Site but are not received by Explorra.com for any reason, including but not limited to errors, disruption or downtime of Site which may, owing to corruption of data, lead to such orders/subscriptions being lost or which may lead to orders of/subscriptions to Services being submitted incomplete or with errors in which case such orders of/subscriptions to Services may need to be re-submitted.
17.1 You agree to indemnify, defend and hold harmless Explorra.com and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
18.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
19.1 You agree that you and Explorra.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
20.1 All notices required to be served on Explorra.com shall be sent to the contact address stated in clause 1 or to the e-mail address of Explorra.com as set out in clause 1 or as otherwise notified on the Site from time to time for such purpose.
21.1 Any controversy or claim arising out of or relating to this Agreement or Explorra.com's Services shall be settled by an arbitration tribunal designated by Explorra.com. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Explorra.com may seek any interim or preliminary relief from a court of competent jurisdiction in the U.K. necessary to protect the rights or property of you or us pending the completion of arbitration.
22.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in the Site belongs to Explorra.com or its third party licensors. Accordingly, any part of this Site (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site and the Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.
22.2 Subject to the terms and conditions herein, copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Explorra.com or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.
22.3 Explorra.com reserves the right in accordance with the licence granted under clause 10.3 to license and republish the material contributed by you.
22.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
22.5 You agree and accept that Explorra.com may publish or otherwise distribute Your Information and you therefore grant to Explorra.com an irrevocable, perpetual, non-exclusive right and licence to publish Your Information and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.
22.6 You therefore hereby undertake to Explorra.com to indemnify and hold harmless Explorra.com in full and defend at its own expense Explorra.com against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Explorra.com its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
22.7 Explorra.com, Explorra and the Explorra.com logo are trade names or trade marks of Explorra.com, the use of which is expressly forbidden by any other persons without the express permission of Explorra.com.
22.8 Explorra.com makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Explorra.com Services please contact Explorra.com at the address below.
23.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Explorra.com to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.
23.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Explorra.com immediately. Explorra.com accepts no liability for copyright or trade mark infringement or any other infringement of a third party's intellectual property rights by any of its members though Explorra.com will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.
24.1 This Agreement shall be governed in all respects by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.
24.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Explorra.com's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
24.3 The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for Explorra.com to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. Explorra.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
24.4 Explorra.com does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.
24.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party are both based in the European Union and enter into a transaction agreement of any kind through the site then the seller's local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.
24.6 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).