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Last update: 11 August 2021

Please read these terms and conditions carefully before using our service.

 

Interpretations and Definitions

 

Interpretations

Words whose initial letter is capitalized have meanings defined in the following terms and conditions. The following definitions have the same meaning whether they appear in the singular or plural.

 

Definitions

For the purposes of these Terms and Conditions :

Affiliate means an entity that controls, is controlled by or is under common control with a Party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other management powers.Account means a single account created for You to access our Service or parts of our Service.Referring Country: FranceCompany (referred to as “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Best of Tours SAS, 24 rue de la Calade, 84200 Carpentras, FRANCE.Content refers to content such as text, images or other information that may be posted, uploaded, linked to or otherwise made available by You, regardless of the form of such content.Device means any device that can access the Service, such as a computer, mobile phone or digital tablet.Feedback means comments, innovations or suggestions sent by You regarding the attributes, performance or functionality of our Service.Promotions means contests, sweepstakes or other promotions offered through the Service.Service means the website.Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions which constitute the entire agreement between You and the Company with respect to the use of the Service.Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be posted, included or made available through the Service.Website refers to Boticonline, accessible from https://boticonline.com/You means the individual accessing or using the Service, or the company or other legal entity on whose behalf that individual accesses or uses the Service, as the case may be.

 

Acknowledgement

These Terms and Conditions govern the use of the Service and constitute the agreement between you and the Company. These Terms and Conditions set forth the rights and obligations of all users with respect to the use of the Service.Your access to and use of the service is conditional upon your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and others who access or use the service. By accessing or using the service, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you may not access the service.You represent that you are over the age of 18. The Company does not permit persons under the age of 18 to use the Service.Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures for collecting, using and disclosing your personal information when you use the App or the Website and informs you of your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.

 

Promotions

Any Promotions available through the Service may be governed by rules separate from these Terms.If you participate in any Promotion, please review the applicable rules and our Privacy Policy. If the rules of a Promotion conflict with these Terms, the rules of the Promotion will apply.

 

User accounts

When you create an account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so is a breach of the Terms, which may result in immediate termination of your account with us.You are responsible for safeguarding the password you use to access the Service and for all activities or actions that occur under your password, whether those activities or actions are related to our Service or to a third-party social media Service.You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.You may not use as a username the name of another person or entity or one that is not legally available for use, a name or trademark that is subject to the rights of another person or entity other than You without proper authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Content

 

Your right to post content

Our service allows you to post content. You are responsible for the Content you post on the Service, including its legality, reliability and appropriateness.By posting Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service. You retain all of your rights in the content that you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant Us the rights and license set forth in these Terms, and (ii) the publication of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person.

 

Content Restrictions

The Company is not responsible for the content of users of the Service. You expressly understand and agree that you are solely responsible for all content and activities that occur under your account, whether caused by you or by any third party using your account.You may not transmit any content that is unlawful, offensive, upsetting, intended to cause distress, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

  • Illegal or promoting illegal activity.
  • Defamatory, discriminatory or mean-spirited content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other targeted groups.
  • Spam, machine-generated or random, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
  • Containing or installing viruses, worms, malware, Trojan horses or any other content designed or intended to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information of any third party.
  • Infringe the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, publicity rights or other rights.
  • Impersonate any person or entity, including the Company and its employees or agents.
  • Violate the privacy of any third party.
  • False information and characteristics.

The Company reserves the right, but not the obligation, to determine, in its sole discretion, whether any content is appropriate and complies with these Terms, to refuse or remove such content. The Company further reserves the right to edit, modify and change the manner in which the Content is presented. The Company may also limit or revoke your use of the Service if you post such objectionable content. Because the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, you may be exposed to content that you may find offensive, indecent, improper or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Backups of Content

Although regular backups of the Content are made, the Company does not guarantee that there will be no loss or corruption of data.Corrupted or invalid backup points may be caused by, among other things, content that is corrupted before it is backed up or that changes during the backup period.The Company will provide support and attempt to resolve any known or discovered problems that may affect Content backups. But you acknowledge that the Company has no responsibility for the integrity of the Content or the inability to successfully restore the Content to a usable state.You agree to maintain a complete and accurate copy of all Content in a location independent of the Service.

 

Copyright Policy

 

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes any copyright or other intellectual property of any person.If you are a copyright owner, or authorized on behalf of such owner, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that occurs through the Service, you must submit your notification in writing to the attention of our copyright agent by email at contact@bestoftours.co.uk and include in your notification a detailed description of the alleged infringement.You may be liable for damages (including costs and attorneys’ fees) for misrepresenting that content infringes your copyright.

 

DMCA Notice and Procedure for Making Claims of Copyright Infringement

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for details):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of that work.Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.Your address, telephone number and email address.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.You may contact our Copyright Agent by email at contact@bestoftours.co.uk. Upon receipt of a notification, the Company will take any action, in its sole discretion, that it deems appropriate, including removal of the disputed content from the Service.

 

Intellectual Property

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of Company and its licensors.The Service is protected by copyright, trademark and other laws of this country and foreign countries.Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Your comments to us

You assign to the Company all right, title and interest in any feedback you provide. If for any reason this assignment is ineffective, you agree to grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to use, reproduce, disclose, sublicense, distribute, modify and exploit such feedback without restriction.

 

Links to other websites

Our Service may contain links to third party websites or services that are not owned or controlled by the Company.The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.You are strongly advised to read the terms and conditions and privacy policies of any third party website or service you visit.

 

Termination

We may terminate or suspend your account immediately, without notice or liability, for any reason, including if you violate these terms and conditions.Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply stop using the service.

 

Limitation of Liability

Notwithstanding any damages you may suffer, the Company’s and its suppliers’ entire liability under any provision of these Terms and your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by you through the Service or $100 if you did not purchase anything through the Service.To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the service, third party software and/or third party hardware used in connection with the service, or otherwise in connection with any provision of these terms and conditions), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy does not serve its essential purpose.Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In such states, each party’s liability shall be limited to the fullest extent permitted by law.

 

“AS IS” and “AS AVAILABLE” disclaimers

The service is provided to you “AS IS” and “AS AVAILABLE”, with all faults and defects, without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on behalf of itself and its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company makes no warranties or covenants, and makes no representations whatsoever that the Service will meet your requirements, achieve expected results, be compatible or function with any other software, application, system or service, operate uninterrupted, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of its suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service or the information, content and materials or products included therein; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of the information or content provided through the service ; or (iv) that the service, its servers, content or e-mails sent by or on behalf of the company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this section shall apply to the fullest extent permitted by applicable law.

 

Applicable law

The laws of the country, excluding its conflict of laws rules, govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

 

Dispute Resolution

If you have a concern or dispute regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

 

For users in the European Union (EU)

If you are a consumer in the European Union, you will benefit from all mandatory provisions of the law of the country in which you reside.

 

Compliance with United States Law

You represent and warrant that (i) you are not located in a country that is embargoed by the United States government, or that has been designated by the United States government as a “state sponsor of terrorism,” and (ii) you are not on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

 

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified and construed to effect the purposes of that provision to the maximum extent possible under applicable law and the remaining provisions will remain in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise any right or require performance of any obligation under these Terms shall not affect the ability of any party to exercise such right or require such performance at any time thereafter, and the waiver of any breach shall not constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text will govern in the event of a dispute.

 

Changes to these Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will use reasonable efforts to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our service after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please discontinue use of the website and the service.

 

Contact us

If you have any questions about these terms and conditions, you can contact us:By email: contact@bestoftours.co.ukBy visiting this page on our website: https://boticonline.com/contact/