TERMS OF USE

Last updated: June 22, 2015

Xeniapp Inc is committed to providing you a fantastic travel experience. These Terms of Service apply to both the travel services and packages you book with us, as well as your use of this website. When you use this site or our travel services, you are agreeing to be bound by these Terms of Service. Please read them carefully.

1.1. Services offered

Xeniapp Inc (“Xeniapp”, “we”, “us”) provides the following travel services:

  • a. Planned travel package options
  • b. Travel consulting and advice.

1.2. Product Availability

The descriptions of products serve as indications only. There may be slight variations in schedules, venues and timings. Pictures used in all promotional literature to illustrate products are used as an indication only.

Xeniapp Inc uses a number of suppliers and providers. Bookings accepted by Xeniapp Inc are subject to the terms and conditions of these providers and suppliers. These terms and conditions are available upon request by the Client.

1.3. Confirmation and Payment

Payment for services must be made in US dollars, by Visa, MasterCard, American Express, certified bank check or wire transfer.

Xeniapp Inc reserves the right to amend price quotes upon notice as your adventure is customized.

All products offered are subject to availability. Confirmation of availability is not valid until received in writing by Xeniapp Inc Confirmation of a booking can then only be guaranteed on receipt of full or part payment of the event.

1.4. Cancellation

You may cancel your trip with us at any time. Cancellation is effective upon our receipt of your written request to cancel.

Xeniapp Inc reserves the right to cancel a trip or an activity due to low enrollment or other circumstances which would make the event non-viable. If Xeniapp Inc cancels a trip or an activity, you will be offered a refund.

1.5. Requirements for Travel

  • a . Passport: You must be in possession of a validly issued passport required for entry, departure and travel through each destination point along the itinerary of your trip, all visas, permits and certificates (including vaccination certificates, medical certificates and insurance policies), required for your entire trip.
  • b. Disclosures: At all times prior to your departure, you agree to notify us in writing of any medical conditions, pregnancy, disability or any other mental and or physical condition, or changes in your condition, that may affect your ability or fitness to travel.
  • c. Insurance: We do not provide travel insurance. It is your responsibility to have adequate travel and accident insurance to cover the following at minimum: all medical expenses, including treatment, transport, and evacuation; repatriation expenses; loss or delay of luggage; and cancellation or curtailment of a product. The insurance should not exclude any planned adventure activities from the time of booking and for the full duration of the adventure.
  • d. Local Knowledge: You will be visiting places where the political, cultural and geographical climate presents certain risks, dangers and physical challenges that may be greater than those present in your home country. By making a booking with us you acknowledge that You have considered the potential risks, dangers and challenges, and expressly assume the risks attendant to such travel conditions. You are solely responsible for acquainting yourself with customs, weather conditions, physical challenges and laws in effect at each stop on Your trip, and are encouraged to locate or make contact prior to embarkation with Your embassy or consulate in each destination.

1.6. Acceptance of Risk

You acknowledge and agree that the nature of Xeniapp Inc trips are adventurous and may involve a significant amount of personal risk. You hereby assume and agree to bear the consequences of all such risks and do hereby release Xeniapp Inc, its officers, directors, managers, members, employees, consultants, representatives, agents and contractors from and against all claims, demands, causes of action, judgments, damages, costs and expenses arising from any acts, omissions, events, damages, injuries or death resulting from these inherent risks. Without limiting the foregoing, you understand and agree that traveling with Xeniapp Inc may involve certain risks beyond what might be considered standard or reasonable on customary tours or excursions, and that you are aware that you are participating in an adventure trip with certain inherent dangers.  You understand you are traveling to geographical areas, sometimes remote and undeveloped where, amongst other things, the accommodations, transportation, infrastructure, safety, hygiene, cleanliness, medical facilities, telecommunications, law enforcement and political stability may not be similar to that where you have previously travelled or with which you are accustomed.

1.7. Force Majeure

Notwithstanding anything to the contrary in these Terms of Service, Xeniapp Inc shall not be liable or responsible to You (or your heirs) for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for our delay or failure to commence, perform and/ or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, coups, political disturbance, government shutdowns, martial law, loss or suspension of diplomatic relations, currency issues, riot, insurrection and government restraint, fire, safety and security concerns, extreme weather or any other cause whatsoever beyond our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which Xeniapp Inc or its contractors, partners or supplier of services, even with all due care, could not foresee. You expressly waive your right to seek the money back guarantee referred to above due to events of force majeure.

1.8. Third Party Suppliers

Xeniapp Inc will at all times endeavor to appoint reputable and competent local suppliers, contractors and partners (“Suppliers”).  The Terms of Service of Suppliers will be applicable and are expressly incorporated into these Terms of Service. These may limit or exclude liability of the Supplier. Xeniapp Inc shall not be responsible or liable for the acts or omissions of its Suppliers.

1.9. Personal Property

Xeniapp Inc shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by Xeniapp Inc, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. Xeniapp Inc cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Xeniapp Inc such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.

1.10. Use of the Site

Any advice, opinion, statement or information posted to the site is solely for educational, discussion, and promotional purposes. Xeniapp Inc does not endorse any postings, or guarantee the accuracy thereof, and we are not responsible for any loss or damage resulting from your reliance thereon.

  • a. Information presented on the site is not intended to be, and should not be considered, a substitute for medical, ethical, legal, or other professional advice.
  • b. You are solely responsible for your use of this site and any content that you post to the site. You may not post any content that:
  • c. sexually exploits or solicits minor children under the age of 18 even if they falsely attest to being 18 years of age or older;
  • d .discriminates against other users on the basis of race, gender, age, sexual orientation, national origin, religious preference;
  • e. offends, harasses, stalks, abuses or threatens other users;
  • f. we consider in our sole discretion to be vulgar, offensive, obscene, pornographic, hateful, threatening, profane, lewd, lascivious, violent, false, misleading, defamatory, libelous or otherwise objectionable;
  • g. promotes or provides instruction on illegal conduct or activities (including but not limited to obscenity, defamation, harassment, abuse, threats, piracy, hate crimes, or terrorism);
  • h. infringes on the intellectual property rights of others;
  • i. advertises any goods or services or solicits funds;
  • j. impersonates any other person, including a representative of Xeniapp Inc; or
  • k. otherwise violates the laws and regulations of the United States and the State of New York.

You are solely responsible for your conduct on the site and for your interactions with other users. Xeniapp Inc does not guarantee any particular outcome from your use of the site or your interactions with other users in the community.  Please use precaution in your interactions with other users.  We are not liable for any direct, indirect, general, special, compensatory, consequential, and/or incidental damages that may arise out of your use of Xeniapp Inc, including but not limited to online or in-person communications or meetings with other users of the service. We are not responsible for any harm you incur as a result of another member’s inappropriate conduct or content, whether through the Xeniapp Inc website, or in person. We are not responsible for any content that violates these terms; however, we reserve the right to delete any content that violates these terms, or the rights of any user, without notice.  Further, we reserve the right to terminate your use of the service upon discovery of such content.

Additionally, you may not:

  • a. permit or otherwise enable unauthorized users to access and/or use the Service;
  • b. use the Service to export software or data in violation of applicable U.S. laws or regulations;
  • c. sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
  • d. remove any copyright, trademark, patent or other proprietary notices from the Service;
  • e. distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;
    (viii) frame or utilize framing techniques to enclose the Service, or any portion thereof;
  • f. exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, spiders, crawlers or any other automated means;
  • g. register as a user of the Service by providing false, inaccurate, or misleading information, or by creating or attempting to create multiple user accounts;
  • h. post hyperlinks to commercial services or websites;
  • i. collect personal data about other users of the Service for commercial or any other purposes;
  • j. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • k. attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);or
  • l. make available Content  that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing.

You may not cause harm to this website or its users by uploading any virus or malicious software. Your use of the service, including the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason.
Although we strive to provide uninterrupted, error-free service, we cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness accuracy, deletion, non-delivery or failure to store any user data, communications or settings. We are not responsible for any losses incurred as a result of data breaches, viruses, or unauthorized access to the site by third parties.

1.11. Posting Content

When you post content to the site, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the license rights granted herein.

Content includes, but is not limited to: photographs, prints, statements, advertisements, instant messages, graphics, videos, and video chats. When you post content to the site, you grant Xeniapp Inc and its affiliates a non-exclusive, perpetual, worldwide, irrevocable, assignable, fully paid and royalty-free license to use, copy, reproduce, transmit, publish, display, and distribute this content in any and all media or distribution methods without any further consent, notice and/or compensation to you or to any third parties. You represent and warrant that you have the authority to grant us such license, and you represent and warrant that the use of this content will not infringe on the rights of any third party.

You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to the Service. By uploading or otherwise submitting Content, you give us a worldwide, perpetual, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies.

By submitting Content, you also grant us the right to use your biographical information in connection with the use or publication of your Content.

You understand that we may (a) transmit or distribute your Content over various public networks and in various media; (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media; and (c) display advertisements in connection with your Content and/or use your Content for advertising and promotional purposes. You agree that the rights and licenses you grant to us in this Agreement shall permit us to take these actions.

We may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials.

1.12. Intellectual Property

Xeniapp Inc owns all intellectual property and proprietary rights in the contents of Xeniapp Inc. Unless we grant you written permission, or use information that is in the public domain, you may not use, copy, modify, distribute, transmit or sell any of the proprietary information contained on the site.  The materials contained in this Xeniapp Inc website are the property of Xeniapp Inc, or its subsidiaries. The information and materials on this website may be viewed, downloaded, printed, or copied when the intended use is solely for personal, informational, or non-commercial purposes. At no time can the information viewed, downloaded, printed, or copied from this website be modified without prior written consent from Xeniapp Inc. The use of any such material on any other website or computer environment is prohibited. All marks used herein are the property of Xeniapp Inc, including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material, and all intellectual property rights to the same, are owned or controlled by us, our licensors, or both. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service, and you may not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting us and providing the following information:

  1. Identification of the copyrighted work you believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work;
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
  3. Your contact information;
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Xeniapp Inc’s agent for copyright issues relating to this web site may be contacted at admin@xeniapp.com. Legal notices shall be served on you to the email address you have designated on your account. Alternatively, we may give you legal notice by mail to the registration address associated with your account, as identified in your profile.

1.13. Third Party Links

The site may contain links to other websites maintained by third parties. We do not operate, control, or necessarily endorse the content found on third-party websites. You assume sole responsibility for your use of third-party links, websites and services. Xeniapp Inc explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Xeniapp Inc website. Xeniapp Inc cannot ensure that the user will be satisfied with any products or services that the user purchases from a third-party site that links to or from any Xeniapp Inc Site or third-party content on our sites. Xeniapp Inc does not endorse any of such merchandise, nor has Xeniapp Inc taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. Xeniapp Inc does not make any representations or warranties as to the security of any information you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. Xeniapp Inc shall not be held liable under any circumstances for any damages including, but not limited to, indirect, incidental, special, or consequential damages of data, revenue, profit, or any other use or purpose incurred by a site user or by a third party and arising from the use of information contained in this website or contained in a website that is hyper-linked from this site.

1.14. DISCLAIMER OF WARRANTIES

The information contained in this website may be out of date and/or may contain other errors or omissions. The materials and information in this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Xeniapp Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Xeniapp Inc does not warrant that the functions contained in the materials on any Xeniapp Inc site will be uninterrupted or error-free, that defects will be corrected, or that any Xeniapp Inc site or the servers that make such materials available are free of viruses or other harmful components. Xeniapp Inc does not warrant or make any representations regarding the use or the results of the use of the materials on any Xeniapp Inc site in terms of their correctness, accuracy, reliability, or otherwise. The user assumes the entire cost of all necessary servicing, repair, or correction.

Under no circumstances shall Xeniapp Inc be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, any Xeniapp Inc site or materials or functions on any such site, even if Xeniapp Inc has been advised of the possibility of such damages.

Location of Access

This site is controlled by Xeniapp Inc from its offices within the United States of America. Xeniapp Inc makes no representation that any content, information or materials in the site are appropriate or available for use in other jurisdictions. Access to this website content, information or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Xeniapp Inc is not responsible for any law violations. You may not use or export the information or materials in this site in violation of the export laws and regulations or the United States or any other country.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in state court located in New York or relevant federal court as determined by Xeniapp Inc, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.

Arbitration

In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be New York, New York. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

For information about our data protection practices, please read our privacy policy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our privacy policy.

2.1. Changes to Terms; Additional Rules & Policies

We reserve the right to change, amend and/or modify these Terms of Service, in whole or in part, at any time. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of these terms. If you use the Service after the posting or other notice of changes in these terms or changed rules or policies, you are agreeing to follow and be bound by them for such use.

2.2. Release and Indemnification

You agree to release, indemnify and hold harmless us, our affiliates, directors, users, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) Content provided by you or through use of your account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.

2.3. Term and Termination

This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.

2.4. Severability

If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

2.5. No Assignment, Sublicense or Transfer

You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.

 Entire Agreement

This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, but not limited to, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, payment obligations, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. No vendor, distributor, dealer, retailer, agent, sales person, or other person is authorized by us to modify this agreement or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this agreement.