Secret Voyage - Terms and Conditions

TERMS AND CONDITIONS FOR THE USE OF THE SECRET VOYAGE WEBSITE

AS THEY INCLUDE LEGAL OBLIGATIONS, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BEFORE USING THE SECRET VOYAGE INTERNET WEBSITE. NON-COMPLIANCE WITH THESE CONDITIONS MAY ENTAIL THE RESCISSION OF YOUR CONTRACT AND ALL THE PRIVILEGES THAT ARE ATTACHED THEREOF.

THE FRENCH VERSION OF THESE TERMS AND CONDITIONS IS THE OFFICIAL LEGAL TEXT AND THE REFERENCE.

ACCEPTANCE OF CONDITIONS OF USE
1. By choosing to use the Internet site SecretVoyage.com (hereinafter called “the Site”), you acknowledge to have read these terms and conditions (hereinafter called “the Terms”) and agree to be bound by these Terms and by their amendments.
2. The Terms may be modified, rules can be removed or added at any time. You are responsible for regularly reviewing the Terms to be apprised of any possible amendment.

ACCORDANCE WITH THE LAW
1. The Site can be used worldwide. The users of the Site access it on their own initiative and it is their responsibility to act in accordance with the laws applicable in their own country. This includes, but is not limited to, details for tax return of Travel Guides.
2. By using the Site, the user acknowledges and agrees that the Terms are governed by applicable laws in Thailand and that any dispute or matters which arise using the Site and services of Secret Voyage will be dealt with by the courts in Bangkok, Thailand.

PERSONAL AND NON-COMMERCIAL USE
1. All parts of the Site are for personal and non-commercial use. You may not reproduce, modify or exploit any of the content of the Site for commercial purpose or for advertising without prior written permission of Secret Voyage. This includes, but is not limited to, publication or distribution of the answers of the Travel Guides.
2. It is also expressly prohibited to use the services of Secret Voyage, including but not limited to, the Travel Guide service, in order to promote an entity or a business which the user is associated with and/or the user could receive compensation from, directly or indirectly.

REGISTRATION AND SECURITY
1. Upon the user’s registration, the user is requested to choose a password and a user name. The user may not: (i) utilize a password or a user name that Secret Voyage, in its sole discretion, deems offensive; (ii) utilize another person’s password and therefore someone else’s Personal Area, without that person’s consent; or (iii) utilize another person’s private information with the intention to pass him/herself off as that person.
2. The user is responsible for maintaining confidentiality of his/her password, and his/her user name and all personal data. Notwithstanding security tools implemented by Secret Voyage to protect the user’s confidentiality, the user must notify Secret Voyage immediately, using the contact interface, of any unauthorized or presumed unauthorized use of the user’s account, or any other breach or presumed breach of security.
3. The user is fully responsible for all activities that occur under the user’s account on the Secret Voyage Site. Secret Voyage will not be liable for an unauthorized use of the user’s account, nor for any loss or damage arising from the user’s failure to comply with the security precautions set forth in the Terms.
4. In order to register and to remain in the Secret Voyage’s network of Travel Guides, the Travel Guides must meet specific requirements, including, but not limited to, having been living in the city they are registered for, for at least two years, and speak at least two languages, one of which must be English. Secret Voyage may ask, at any time, for proof stating the Travel Guide’s residency, for at least two years, in the relevant city.

COMMUNICATION BETWEEN USERS
1. All communications transmitted on or through the Site must be respectful. Thus, the user agrees to comply with the following rules:
  1. Be civil and courteous; never use offensive or uncouth language. Moreover, submission or transmission of defamatory, obscene, insulting, pornographic, abusive, or otherwise objectionable or illegal content is strictly prohibited.
  2. It is also strictly prohibited to publish or transmit surveys, contests or “chain letters”, unsolicited messages or “spam”, in particular for the purpose of solicitation or for any act with unlawful purposes.
2. The user agrees that he/she owns the necessary rights, in particular intellectual property rights, to all material the user posts on the Secret Voyage Site.
3. The user acknowledges and agrees that he/she holds the copyright on any material the user submits to the Site (advice, comments, etc.). Furthermore, by displaying or publishing any material on or through the Site, the user hereby grants to Secret Voyage a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, adapt, remove, reproduce, publicly display, publish and distribute such content. To this end, the user renounces moral rights relating to the integrity of the user’s work.
4. The user acknowledges and agrees that he/she is fully responsible for the content of the messages posted on or through the Secret Voyage Site and their consequences.
5. Secret Voyage reserves the right, in its sole discretion, to not transmit or publish any information deemed inappropriate or to remove any content posted by a user. The foregoing is a right and not an obligation.
6. Secret Voyage will not guarantee the accuracy, lawfulness or conformity with intellectual property regulations, or compliance with the Terms, of any material provided by the Site users.

FEES AND BILLING
1. Some services on the Secret Voyage Site require payment, such as the inquiry of travel information and advice service provided by our “Travel Guides”. Each “Question” (request) posted shall be comprised of a unique direct question. Each “Question” is charged 1 (one) euro. At its sole discretion, Secret Voyage reserves the right to answer, through the Site Travel Guides, only one direct question per “Question” (request) posted. In an instance that the user’s “Question” (Request) comprises many questions or Secret Voyage considers the request as a multiple question, the user may be asked to post new requests so the other topics included in the user’s initial “Question” (Request) can be addressed. Secret Voyage advises the user to properly define the question and to post several separate “Questions” (Requests) if the user thinks the request is multiple. Clear and precise requests will avoid such situations.
2. Secret Voyage reserves the right to change the rates of all, or part of, its services. If Secret Voyage modifies its service rates or requires additional fees for access to all or part of the Site sections, Secret Voyage will notify users in advance and give them the opportunity to close their account before new prices are enforced or additional fees are set.

INTELLECTUAL PROPERTY
1. All content, including but not limited to, text, articles, photographs, design, graphics, drawings, audio excerpts or videos, code and software, and all organization and presentation of such content, are protected by intellectual property rights (including copyright and trademarks) and belong to Secret Voyage or to a third party acting as a content provider. No element of the Site shall be interpreted as granting the user with any right regarding Secret Voyage’s intellectual property or its providers on any part of the Site. It is prohibited to reproduce or copy all or part of the elements of the Site.
2. The user will not copy, reproduce, alter, modify, publish, disseminate, distribute, participate in the transfer or sale of, create derivative works from or, under any circumstances, exploit, any content of the Site, in whole or in part. This includes, but is not limited to, any correspondence, and specifically the Site’s travel advices.
3. The user is allowed to download or copy components of the Site for personal, non-commercial use, as long as the user retains all the notices of intellectual property they contain. Copying or storing any content for other purposes than personal use is strictly prohibited without the prior consent of Secret Voyage.

CONTENT
1. Secret Voyage may change any aspect of the Site or its content at any time. Secret Voyage reserves the right to place restrictions on some components or limit the Site access to some sections only
2. The Site contains links to websites operated by third parties (hereinafter called “External Sites”). By clicking on these links, the user exits the Site. These External Sites are entirely operated by third parties and Secret Voyage does not have any influence or control over them. Secret Voyage is not able to make any declaration whatsoever regarding the quality or content thereof, nor with regard to the quality of the products offered or the security of performing transactions on the External Sites. In no event does inclusion of External Sites, linked to via forms and links, in the Site imply approval or endorsement of the External Sites by Secret Voyage. The fact that External Sites are identified on the Site should not, in any way, be interpreted as an endorsement by Secret Voyage and Secret Voyage has no responsibility for their use. Secret Voyage will not be responsible for any damage caused by the use of External Sites. Any claim or concern regarding the External Sites should be sent to the administrators of the External Sites.

LIABILITY
1. The Site and the items it contains are offered to the user on an "as is" basis by Secret Voyage, without warranties of any kind, either expressly or implied, including, without limitation, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on the Site or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, Secret Voyage makes no representations about the comprehensive nature of the answers to the user’s questions posted on the Site. The user hereby acknowledges and agrees that the use of the Site is at his/her own risk.
2. Notwithstanding that it strives to provide information of the highest quality, Secret Voyage makes no representation regarding the accuracy or reliability of, nor does it endorse any opinion, declaration or other information published or distributed on the Site by any user, content provider or other person. The foregoing also includes the answers issued by the Travel Guides.
3. Notwithstanding that it strives to optimize the content and the functioning of the Site, Secret Voyage disclaims all liability related to any error which may be found on the Site. Thus, Secret Voyage and any third party providing content on the Site, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage arising, directly or indirectly, from the use of the Site, in particular, the loss of data or profits ensuing from the use of items on the Site, errors or omissions contained in the items, or the inability to use such items.
4. The user agrees to defend and hold harmless Secret Voyage, its affiliates, officers, directors, employees, consultants, agents, representatives, and content providers from and against fines and any other loss, including but without limitation, all reasonable legal costs incurred by Secret Voyage related to any claim, proceeding, action or formal notice (“Claim”) ensuing from the non-compliance, by the user or any other user of his/her account, with these Terms. Secret Voyage reserves the right to take part in the defense of any such Claim and to be represented by an attorney of its choice.

CANCELLATION
1. The user can cancel his/her account at any time by sending an email through the contact interface.
2. Secret Voyage can, at its sole discretion, cancel or suspend the user’s account for any reason, including, without limitation, the non-compliance with these conditions of use.

CONTACT SECRET VOYAGE
1. Should you have a claim related to the Secret Voyage Site, any of the materials contained in the Site, specifically those “Terms”, or for any other correspondence, the user can reach Secret Voyage by email.

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