Welcome to Luxy Easy!!!!
IMPORTANT – READ CAREFULLY. YOUR USE OF LUXY EASY (“COMPANY”) WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY COMPANY YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE COMPANY WEBSITE AND THE ASSOCIATED SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT
1. Scope of Use
2. Online Viewing of Properties and Destinations
2.1 Due diligence has been taken to ensure that the photographic and/or video representation, description and specification of each property and destination listed as part of Company’s Tour Package is an accurate representation of the actual premises and location. It is Your responsibility to ensure that the properties and destinations listed are to Your liking before purchasing Tour Packages using Company’s Site.
3. Eligibility to Use the Website
3.1 The Website is provided for vacationers, persons searching for Tour Package deals and short term rentals (references in these Terms & Conditions to “buyer” or “the buyer”) over the age of 18. Scammers, hacker’s promoters of unauthorized content will be barred from the website and prosecuted to the full extent of the law.
4. Member account, Password and Security
4.1 Registering and using the Website may involve you setting up an account and giving a password.
4.2 By submitting registration information to us through our website, you represent and warrant that all information you provided is valid, complete and accurate, and you will inform us immediately of any updates or other changes to such information.
4.3 You are fully responsible for maintaining the confidentiality of your account and the password, including all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Luxy Easy shall not be liable for any loss or damage arising from your failure to comply with this Clause 4.
5. The Sales
Formation of Sales Contract
5.1 A Sales contract between you and the Company is formed when you click purchase on the Tour Package being offered and when you Buyer receives a sales confirmation receipt.
6.1 Unless specifically approved by Company for a different payment method, the Buyer agrees to pay the Total Purchase Price for the selected Tour Package using online money transfer scheme on the Website, to Company.
6.2 If you choose to pay for a Tour Package with a foreign currency rather than the specific currency requested by the Seller of the item, your account will still be taken in the specific currency requested by the Seller at the conversion rate applied by the relevant payment scheme at the time of processing your order.
7. Refund and Cancellation
7.1 As all our Tour Packages require strategic planning and prior notice with our booking Agents overseas, all sales on Tour Packages are considered final unless Buyer provides Company with notice of cancellation within 5 days from date of purchase. In certain circumstances, Buyer may be allowed a credit to partake in a Tour Package at a later date than originally reserved, this will all depend on availability.
8. Copyright Policy
8.1 Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libelous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.
8.2 You acknowledge and agree that the material and content contained within this website is made available for your personal use only and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use this website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of Company’s website.
9. Disclaimer of Warranties.
The service, the content and the information on this Website are provided on an “AS AVAILABLE” basis. The Buyer must direct all claims regarding any Tour Package to the Company and must resolve any dispute regarding any issue directly with the Company.
10. Limitation of Liability and Indemnity
10.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF 1STDIBS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF COMPANY.
11. Arbitration; Waiver of Jury Trial and Class Action; Applicable Law/Jurisdiction
(A) Binding Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the Canadian Arbitration Association for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the Rules of such entity. Discovery shall be permitted, but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.
(B) Additional Provisions. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a Party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing Party (should there be one) in any such arbitration.
(C) Waiver of Jury Trial; Individual Basis; Equitable Relief. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. Where enforceable, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DEALERS OR PERSONS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS/DEALERS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
11.,1 Notwithstanding the foregoing, nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.
11.2 You agree to defend and indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of or related to the use of the Website by you, the purchase of Items by you, the nature or quality of the Items, and any disputes between you and the Seller of the Items, and any breach of these Terms and Conditions by you.
11.3 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
12.1 All contracts will be concluded in English. The website is controlled and operated in Canada. Any terms and conditions concerning the usage of this website will be governed by Canadian law and any dispute concerning use of this website will be determined by arbitration or by mutual agreement, in the Courts located in British Columbia, Canada.
13.1 We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.
13.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
13.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
13.4 Company reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
- What personal information we collect about you and why
- Our use of personal information for marketing purposes
- Disclosure of personal data to third parties
- Links to other websites
- Storage of your data and international transfers
- Data security
- How to contacts us
14.4 What personal information do we collect and why?
We may collect personal information from you (such as your name, address, telephone number, email address etc) when you complete registration or enquiry forms or send emails to us, so that we may provide you with the services and information which you request. Please do not submit your personal information to us if you do not wish us to collect it.
If you login any browse any of Company’s Tour Packages, we will use your personal information to provide you with the package you select, (e.g. personalising your services; sending you password reminders or notices about the relevant service or package being changed or suspended for emergency or routine maintenance).
If you purchase Tour packages from us we may also need your name, address and payment information in order to process your transaction.
We may also use the information you provide for our own internal statistical purposes.
You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
14.5 Use of your personal information for marketing purposes
We may, with your agreement, give your personal information to other companies within Luxy Easy, for the purposes of providing products and services you have requested from us and so that those group companies can provide you with information relating to products and services we think may interest you, by letter, email or on your mobile device.
If you do not wish to receive this promotional material, you may opt out at any time by:
- we need to do so to provide you with the packages or services you select, for example where we use service providers to provide certain services in support of the Site;
- we are obliged or permitted by law to disclose it (for example if required by law or a court order);
- to protect the rights, property, or safety of the company, its customers, employees, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; or
- the information is only in the form of aggregated statistics about visitors to the Site in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes and which contain no personally identifiable information.
- ‘Session’ cookies – where they only last for the duration of your browser session and expire when you close it.
- ‘Remember Me’ cookies (aka “Persistent” cookies) – cookies that remain on your computer after you close your browser and computer to remember you when you return to the Site.
- obtain statistical information about your general internet usage and build up a profile of how you and others use the Site, and to improve our Site and deliver a better service to you;
- remember your session so that you can move from one page to another within the Site
- store your preferences; and
- customise elements of the layout and/or content of the pages of the Site for your preference and ease of use.
- You can remove cookies from your Browser:
Most web browsers are set up to automatically accept cookies but, if you prefer, you may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to use the full functionality of the Site and your user experience may be adversely affected. You can learn more about cookies by visiting www.allaboutcookies.org which includes additional information on cookies and how to block cookies using different types of browser.
A simple way of removing cookies is to go to the “Tools” option in your web browser and select “Settings”. To delete all cookies on your computer to date select “Clear Browsing History” and to set options for future cookies select “Cookies” and the options you wish to apply to your web browser.
a) Our cookies
The majority of the cookies used on our Sites are used to record user preferences for repeat visitors and registered users. We use the following types of cookies on our Sites (please note that the exact cookies used on each Sites is dependent on the services provided):
14.8 Links to other websites
14.9 Data Security
All information you provide to us is stored on our secure servers or in secure filing systems. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via the internet; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.