• TRAVEL DONE DIFFERENTLY

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  • Last updated: 7/31/2019

    Terms & Conditions

    Introduction and Scope of Services

    Go Galavant provides an online platform with technology for Travelers and Operators to search, compare and book trips and cruises, write reviews, and other types of activities. Trips are booked directly from the respective independent trip operator offering the trip (each an “Operator”). The “Travelers” are people interested in booking a Trip, and are referred to as “you”.  The “Services” comprise listings for Trips independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.go-galavant.com including its subpages (collectively, the “Site”).

    Go Galavant is solely acting as a provider of information. Go Galavant is not an operator of Trips, nor is it a provider of Trips, nor a representative or proxy of an Operator nor an insurer. Go Galavant does not own, sell, resell, furnish, provide, manage or control any transportation, trip or travel services and does not act as an agent to the Travelers. Go Galavant’s responsibilities are limited to exclusively facilitating the finding of the listings and serving as a platform for reviews of Operators. Go Galavant has no control over the conduct of Operators, Traveler, and other users of the Services. Go Galavant is not responsible for the content contained in any listings or the condition, legality, or suitability of any tours. Go Galavant is neither responsible for nor liable for any listings and trips. Booksings with the operators are made with the Operators not Go Galavant, and at the taveler’s own risk. 

    Applicability

    These terms and conditions (“Terms”), as amended from time to time, apply to all Go Galavant services. By accessing, browsing, or using the Site and Services through whatever platform, you agree to comply with and be legally bound by these terms irrespective of a registration or certain use or way of access. These Terms govern your access to and use of the Site and Services and all Content (as defined below) vis-à-vis Go Galavant and, where applicable, the Operators. Please carefully read these Terms and also the Privacy Policy, each of which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and Services. If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms.

     

    Privacy

    Go Galavant’s Privacy Policy applies. Please see them for information and notices concerning Go Galavant’s collection and use of your personal information.

     

    Bookings and Payments 

    Go Galavant is not responsible for any bookings made as a result of a traveler acquiring information from this site and booking with an Operator. Any issues that arise from bookings will be between the Traveler and Operator.

     

    Disclaimer

    If you choose to use the Services, you do so at your sole risk. Go Galavant does not have an obligation to conduct checks on any Travelers, Operators, or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided “as is”, without warranty of any kind. The content provided on Go Galavant is pulled from the Operators’ sites. In particular, Go Galavant makes no warranty regarding the quality of any Listings, Trips, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from Go Galavant. 

    Without limiting the foregoing, Go Galavant is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Trips and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Listings and the Trip. Go Galavant is not a (re)seller of the Trip. Complaints or claims in respect of the Trip are to be dealt with by the Operator. Go Galavant is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. Go Galavant explicitly disclaims all liability for any act or omission of any Traveller or other third party.

    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours, and any contact you have with other users whether in person or online remains with you. 

    Go Galavant shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of Go Galavant’s obligations in respect to the Services, up to the maximum amounts specified herein. Neither Go Galavant nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Operator as made available, (c) the services rendered or the products offered by the Operators or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services.

     

    Applicable Law, Jurisdiction and Dispute Resolution

    These Terms and the provision of the Services shall be governed by and construed in accordance with New York State law with the exclusion of it conflict-of-law rules. 

    Any dispute arising out of these Terms and the Services shall exclusively be resolved through arbitration in accordance to New York State law. 

     

    Severability

    If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

     

    The commercial relationships that Go Galavant has with the Operators are governed by separate agreements. Operators may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Trip (which may include disclaimers and limitations of liability).

     

    Modifications

    Go Galavant reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, and Services.

     

    Use of services

    As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to Go Galavant is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. Go Galavant does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Go Galavant. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

    Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of Go Galavant. To request permission, please direct your request to:

    team@go-galavant.com

    In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.  

    If you are creating a Go Galvant account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”

    Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. 

    Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Go Galavant may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.

     

    PROHIBITED ACTIVITIES

    The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Go Galavant Companies or licensed to the Go Galavant Companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:

    • (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Go Galavant;
    • (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
    • (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
    • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    • (v) deep-link to any portion of the Services for any purpose without our express written permission;
    • (vi) “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
    • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Go Galavant in connection with the Services;
    • (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
    • (ix) download any Content unless it’s expressly made available for download Go Galvant

     

    REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENSE GRANT

    We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting to Go Galavant, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Go Galavant account by virtue of Go Galavant product or service, reviews, questions, comments, suggestions, ideas or the like contained in any of your Content, you grant the Go Galavant Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that Go Galavant may choose to provide attribution of your Content at our discretion. You further grant Go Galavant the right to pursue at law any person or entity that violates your or Go Galavant’s rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for Go Galavant to publish and otherwise use) your Content as authorized under this Agreement.

    If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by Go Galavant, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release Go Galavant and their licensees, successors and assigns, from any claims that you could otherwise assert against Go Galavant by virtue of any such moral rights.

    Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.

    The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items (“Interactive Areas”). If Go Galavant provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Go Galavant does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area.  To the extent that Go Galavant provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that Go Galavant does not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Go Galavant does not edit or control users’ Content that appears on the websites.  Go Galavant nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of Go Galavant and/or other users of the Services. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Go Galavant’s guidelines, as are in force at the time of submission and made available to you by Go Galavant. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:

    1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;
    4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
    6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
    7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Go Galavant;
    8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
    9. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    10. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
    11. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
    12. In the sole judgment of Go Galavant, (a) violates the previous subsections herein, (b) violates Go Galavant’s related guidelines as made available to you by Go Galavant, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose Go Galavant or their users to any harm or liability of any type.

    Go Galavant takes no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are Go Galavant liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Go Galavant is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Go Galavant has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Go Galavant reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.

    Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.