We welcome all users and would like to share the Terms and Conditions of Use with you.
Any services provided by and on www.bushdrums.com are subject to the following Terms and Conditions (henceforth TAC ). If you use this website it is deemed that you agree to all the terms and conditions that follow. There may be additional terms for particular features provided. Please click on the link other terms to review these. In the event that there are any inconsistencies between TAC here and any additional terms, TAC will prevail.
On www.bushdrums.com you can find valuable traveler information, search for and find travel and travel related products and services as displayed and book and buy online or offline from www.bushdrums.com. www.bushdrums.com is not the end travel product/ travel service provider and hence is not directly responsible for the end delivery of the travel products and services being offered on the portal. Our aim is to make your search easy and accurate and to enable you to book and buy travel products and services conveniently through us. It is our endeavour that your travel experience is a fulfilling one.
The final delivery of the product / service lies with the end service provider (ie. Airline, Hotel, Cruise Line etc.) and www.bushdrums.com disclaims all responsibility/ liability for the same.
Or, www.bushdrums.com, the portal/site you are on.
A company / firm / individual/ person
Product / Service :
A travel related product or service developed and sold by legal entities in the travel business and includes all travel related service rendered / to be rendered by a Licensee. Eg. Airline tickets, hotel rooms, tour packages, cruises, cars etc .
Any person who accesses the website for any purpose including but not limited to transactions/ information / browsing
Associate/ Licensee :
Any legal entity who chooses to display/ sell a travel or related product on www.bushdrums.com for the purpose of transaction
Force Majeure Event:
It means, in relation to any Party, any act, event or circumstance, the cause of which is not of such Party's making nor within that Party's reasonable control, including (to the extent not of that Party's making nor within that Party's reasonable control) Act of God, war, hostilities (whether or not war has been declared) terrorist acts, acts of any civil or military authority, government or regulatory direction or restriction, suspension or withdrawal of licenses or consents, riot, insurrection, civil commotion, public demonstration, sabotage, acts of vandalism, fire, flood, earthquake, extreme weather conditions, epidemic, explosion, the order of any court or governmental or regulatory authority, disruption in transportation or communication, breakage of or accidental damage to equipment, any strike, lock-out, or other industrial trade dispute (not involving solely the employees of that Party), structural shift or subsidence, provided always that lack of funds shall not be interpreted as a cause which is not a Party's making nor within a party's reasonable control.
Booking and/or buying a product whether on-line or off-line
1. Right to Review and Amend etc.
www.bushdrums.com has the right to review these terms and conditions and modify and/or change and update the same. Notice of such changes/modifications will be given pursuant to Clause 16
These terms and conditions, as amended from time to time, will apply for the duration that you use the website.
3. Member Information
On registration with www.bushdrums.com, you shall bind yourself to provide true and accurate and complete information in both optional and mandatory categories as required in the registration form or elsewhere. You shall be able to update such information by clicking on www.bushdrums.com on the Home Page.
www.bushdrums.com has the right to disallow you to transact on site if and when it has reason to believe that the information provided by you is incorrect, inaccurate or incomplete.
4. User Account, Password, Security
You will be required to choose a username and a password to enable use of your account. Keeping the username and password confidential and secure from misuse is entirely your responsibility.
Any transaction (as defined above) or use or activity from your account, giving rise to any liability, monetary or legal or otherwise, are your responsibility. Where you have reasons to suspect that there may have been unauthorized use of your account or any breach of security you must immediately inform www.bushdrums.com. www.bushdrums.com will not be responsible, under any circumstances whatsoever, for any losses that are incurred due to any misuse of your account by another, with or without your consent or knowledge or by yourself.
You must ensure that you exit your account when you end your visit to www.bushdrums.com.
Also if any losses are incurred by www.bushdrums.com or any other person due to misuse of your account by another it will be your responsibility and at your cost.5. Legal Capacity
To transact you must have the legal capacity to enter into this agreement (i.e. You are above 18 years of age and are of sound mind). www.bushdrums.com does provide services that may well be availed by children/minors. If you allow children to use your account it will be your responsibility to monitor their use and liability will be yours in the event that there is breach of this TAC.6. Proprietory Rights of www.bushdrums.com and Restrictions on Use
Subject matter - Information, not in the public domain; software made available to use and/ or download; any name, symbol, device, phrase, sound, colour used as a distinguishing Mark to identify goods and/or services; any photograph, design, video clips, writings, illustrations, music, sound, found on the website.
www.bushdrums.com is the owner of all “ subject matter ” that are on the website in which intellectual property rights subsists.
The portal and its logo are registered trademarks.
Your use of the subject matter is restricted. You may not copy, reproduce, distribute, republish, down load, display or post (electronically or otherwise), transmit, record, reproduce without the prior written consent of the owner.
7. Restricted Use of Site
You are being given a limited license to use the site. It is a license to make personal use of it. You may not modify the site or any part thereof. The site or its contents may not be used for commercial purposes. The site or any portion thereof may not be reproduced/copied or otherwise exploited for the commercial purpose.
However you have the restricted right to download and print subject matter from this website for the limited purpose of using this website for a transaction/placing an order or other non-commercial and personal use.
Any breach of this term shall give www.bushdrums.com the right to terminate this limited, non-exclusive license.
8.1 Manner of Use
You may not use this site to transmit in anyway or post or upload any material or content.
• that may be obscene, illegal, defamatory, abusive, vulgar or otherwise objectionable or
• that may bring disrepute to the site and harm its business and or credibility and goodwill.
• that infringes a third party's intellectual property rights or contractual rights.
• that may hinder the services on the site in anyway.
8.2 You are responsible for any contents that you transmit on or through the www.bushdrums.com
services. You agree not to use these services to harass, harm, abuse, defame, threaten any other person or body. You will not conduct yourself in a manner that may violate the privacy of any person/s or initiates / promotes or endorses any kind of criminal conduct. You agree to abide by all the laws and regulations that may apply to online conduct. You agree not to use any vulgar, obscene or other offending contents when using these services.
There are links to other websites on this site and these other sites are outside the control of www.bushdrums.com. You agree that www.bushdrums.com will not incur any liability for any loss or damage that you may incur due to using any service on that link or any transaction entered into on that other site. The fact that www.bushdrums.com has agreed to have that link on its site does not imply any assurances or guarantees as to the quality and nature of goods and services being provided by that other site.
You agree to indemnify and hold www.bushdrums.com and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, litigation costs, made by any third party due to or arising out of the Content you submit, post to or transmit through the Service, your use of the Service, your connection to the message board and communication areas or your violation of the TAC, or your violation of any rights of any other party.
• www.bushdrums.com has the right to disallow you from booking and/ or buying any products on the site; it may terminate or stall your account or use of the service at its sole discretion .
• It may remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, without notice.
ii) Any actions on your behalf that violates or is inconsistent with the letter or spirit of the TAC will also make your account liable to be terminated. However you will be bound to clear all demands, if any, outstanding in your account.
iii) www.bushdrums.com may also, in its sole discretion and at any time, without notice, discontinue providing the service or any part thereof.
iv) You agree that in the event that www.bushdrums.com exercises its discretion under the provisions of TAC to terminate your account or any service provided by it such termination is effective, without incurring any liability and without any obligation on the part of www.bushdrums.com to give prior notice.
v) The effect of the termination can be immediate deletion of your account and denial of access. Further all other data and files in your account may also be deleted.
www.bushdrums.com is the travel facilitator. However, it is not the end travel product or service provider itself and hence is not responsible in any manner whatsoever for any deficiency, delay, defect, error or any other shortcomings in the travel goods and services provided. www.bushdrums.com disclaims all responsibility/ liability for the same.
You may transact if you expressly acknowledge and agree that:
• your use of the services on the website or of the website in any manner is at your own risk.
• the site is provided by www.bushdrums.com on an “as is” and “as available” basis.
• to the fullest extent permitted by applicable law, www.bushdrums.com and its associates and affiliates, expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied as to the operation of the site or the information, materials, products, services included on this site.
• to the fullest extent permitted by applicable law, www.bushdrums.com expressly disclaims all warranties, express or implied including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
• No warranty or representation on behalf of www.bushdrums.com, its associates and affiliates is given that:
• the quality of any products, services, information, or other material purchased or obtained by you through the site or any services provided by or on the site will meet your expectations,
• the site and /or any services provided by it will meet your requirements,
• the service will be without interruptions, always timely and secure or free from all errors
• the results that may be obtained from the use of the site or any service provided by it will be accurate or reliable,
• any errors in the software will be corrected.
• Any material/contents downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. www.bushdrums.com and/or its associates and affiliates do not warrant that this site, its servers, or any mail sent from www.bushdrums.com will not have viruses or harmful components.
If any damage is caused to your computer system and any losses accrue it will not be the responsibility of www.bushdrums.com.
You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
G. www.bushdrums.com, its associates and affiliates cannot guarantee the accuracy, integrity or quality of any contents. It is a possibility that you may be exposed to contents that are offensive, indecent or objectionable.
H. Advice or information, whether oral or written, obtained by you from the portal or through or from the service shall not create any warranty or other obligation not expressly stated in the TAC.
Disclaimers for Individual Services on www.bushdrums.com. com
Limitation of Liability
You expressly acknowledge and agree that www.bushdrums.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if www.bushdrums.com has been advised of the possibility of such damages), resulting from :
• the use or the inability to use the site or any service provided by it;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the service; or
• any other matter relating to the site.
• the failure of www.bushdrums.com to perform their obligations under this contract where such failure is due to a force majeure event.
14. Applicable Law/Jurisdiction
Jurisdiction for any disputes arising from and related to this contract shall be in 68535 Edingen-Neckarhausen (Germany). The applicable law shall be that of Germany irrespective of the conflict of laws.
15. Amendments to TAC
www.bushdrums.com may amend this agreement on an as-needed basis by placing an update of this posting, and your continued use of the services following each updated posting shall be your acceptance of any such modification. Furthermore it is your responsibility to monitor the Terms and Conditions page of www.bushdrums.com regularly to determine whether the Terms and Conditions have been modified. If you do not agree with the TAC of www.bushdrums.com, or any modifications thereof to this agreement you must immediately stop using www.bushdrums.com services.
17. ENTIRE AGREEMENT
This agreement represents the entire agreement between the parties subject to the right of the portal to amend/delete/modify the contract under this agreement.
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