Legal Conditions

GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE

Introduction Tourismembassy ("the Provider") welcomes you to www.tourismembassy.com. Access to and use of our website are governed by these meticulously drafted Terms and Conditions to ensure mutual understanding and agreement between the Provider and the Users.

1. User Access, Registration, and Obligations User Access:

Access to our website is granted to individuals who acknowledge and agree to these Terms unconditionally. Certain services may necessitate registration, for which accurate and complete information must be provided. Obligations: Users agree to utilize the website and its services lawfully, respecting all applicable laws, rights, and third-party interests. Unauthorized use, including but not limited to hacking, data mining, or any form of illegal activity, is strictly prohibited.

2. Modifications and Updates

The Provider reserves the unilateral right to modify, suspend, or discontinue any aspect of the website or services without prior notice. Users are encouraged to review the Terms regularly to stay informed of any changes.

3. Content and Intellectual Property Ownership:

All content, including texts, graphics, logos, and software, is either owned by the Provider or licensed appropriately. Unauthorized reproduction or use is a violation of intellectual property laws. User-Generated Content: Users may contribute content under the condition that it does not infringe upon any laws or third-party rights. The Provider reserves the right to review, edit, or remove any content at its discretion.

4. Exclusion of Warranties and Comprehensive Liability Limitation No Warranties:

The website and its services are provided "as is" without any warranties, express or implied. The Provider does not guarantee the accuracy, reliability, availability, or suitability of any information on the website. Limitation of Liability: The Provider shall not be liable for any damages, including direct, indirect, incidental, punitive, or consequential damages arising from the use or inability to use the website, even if the Provider has been advised of the possibility of such damages.

5. Data Protection and Privacy Compliance:

Fully compliant with the General Data Protection Regulation (GDPR) and CNIL recommendations, the Provider ensures the highest level of data protection and privacy for users across all operational jurisdictions. Data Processing: Personal data provided by users will be processed lawfully, fairly, and transparently for specified, explicit, and legitimate purposes only.

6. Jurisdiction, Dispute Resolution, and Governing Law Exclusive Jurisdiction:

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the French courts. Governing Law: These Terms and Conditions are governed by and construed in accordance with French law, notwithstanding the global accessibility of the website.

7. Comprehensive Agreement

These Terms, along with the Privacy Policy and any other legal notices published by the Provider on the website, constitute the entire agreement between the Provider and the User regarding the website use.

8. Digital Security and Limitation of Liability for Online Threats Online Platform Nature:

The Provider acknowledges that www.tourismembassy.com is an online platform and, despite rigorous security measures, is inherently vulnerable to various online threats including but not limited to viruses, hacking, phishing activities, and other forms of cyberattacks.
 Security Measures: The Provider commits to employing reasonable and current internet security methods and technologies to protect the website and its users. However, the Provider cannot guarantee the absolute security of any information transmitted over the internet or stored in our systems.
 Limitation of Liability: The Provider shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from: Loss or damage to users' data or information due to viruses, hacking, phishing, or any other cyberattacks that may occur despite the Provider's best efforts. Unauthorized access, use, alteration, or leakage of personal data or credit card numbers by third parties. Any interruptions, errors, or malfunctions of the website, including but not limited to those caused by maintenance, updates, or external attacks on the website's security infrastructure. User Responsibilities: Users are responsible for taking their own precautions to protect their data and systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Provider advises users to employ their own virus protection software and to be cautious of phishing scams.
 Notification and Mitigation: In the event of any security breach, the Provider will take all reasonable steps to notify affected users and mitigate the effects of such breaches in accordance with applicable laws and regulations.


9. Third-Party Links and Services 9.1 Third-Party Links:

The Provider's website may contain links to third-party websites not owned or controlled by the Provider. These links are provided for convenience only, and the inclusion of any link does not imply endorsement, approval, or verification by the Provider. The Provider assumes no responsibility for the content, privacy policies, or practices of any third-party sites. Users are encouraged to read the terms and privacy policies of any third-party site they visit. 9.2 Third-Party Services: The Provider's website may enable or assist in the engagement with third-party services or resources. Any dealings with third parties facilitated by the website, including participation in promotions, purchase of goods or services, and any other terms associated with such dealings, are solely between the user and the third party. The Provider shall not be responsible or liable for any part of such dealings or promotions.

10. User Indemnification

Users agree to indemnify, defend, and hold harmless the Provider, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to the user's account (including negligent or wrongful conduct) by the user or any other person accessing the site using the user's Internet account.

11. Termination of Use

The Provider reserves the right, in its sole discretion, to terminate your access to all or part of the website, with or without notice, for any reason, including, without limitation, breach of these Terms. Upon termination, your right to use the website immediately ceases, and the Provider may immediately deactivate or delete your account and all related information and files in your account.

12. Amendments to Services

The Provider reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that the Provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or any service.

13. Age Restriction

The website and its services are intended solely for users who are thirteen (13) years of age or older, and any registration by, use of, or access to the website by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms. By using the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of this agreement.

14. Disclaimers for User-Generated Content

 The Provider does not control, endorse, or take responsibility for any user-generated content available on or linked to the website. By using the website, you acknowledge that the Provider cannot guarantee the accuracy, integrity, or quality of such content and that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable.

15. International Use and Compliance

 Considering the global nature of the internet, users agree to comply with all local rules regarding online behavior and acceptable content, including laws relating to the export of data from the user's country of residence. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

16. Severability and Non-Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The Provider's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17. Changes to Terms

The Provider reserves the right, in its sole discretion, to change the Terms under which the website is offered. The most current version of the Terms will supersede all previous versions. The Provider encourages you to periodically review the Terms to stay informed of our updates.

18. Feedback and Contact Information

 The Provider welcomes your questions or comments regarding the Terms. Feedback, comments, and suggestions for improvements are always appreciated and can be submitted through the provided contact channels on the website.

19. Service Availability and Downtime

 19.1 Scheduled Maintenance: The Provider is committed to ensuring the optimal performance and reliability of www.tourismembassy.com. To achieve this, scheduled maintenance will be performed, which may require temporarily taking the website offline. The Provider will endeavor to conduct such maintenance during low-traffic times and will provide reasonable notice to users whenever possible, detailing the expected downtime and the nature of the work to be performed.

 19.2 Unscheduled Downtime: Despite the Provider's best efforts, unforeseen issues may cause unscheduled service interruptions or downtime. The Provider does not guarantee uninterrupted access to the website and services and will not be liable for any consequences resulting from such interruptions. These may include, but are not limited to, server failures, software bugs, hardware malfunctions, or external attacks on the website's security.

19.3 Mitigation and Communication: In the event of any service interruption, whether scheduled or unscheduled, the Provider will take all reasonable steps to restore access and functionality as swiftly as possible. Updates regarding service disruptions, expected resolution times, and progress towards service restoration will be communicated through the website or via email to registered users.

19.4 User Responsibilities During Downtime: Users are advised to safeguard their work and data by employing appropriate data backup and recovery solutions. The Provider shall not be liable for the loss of data or any work in progress which may be affected due to downtime.

19.5 Limitation of Liability: While the Provider prioritizes the stability and security of the platform, it shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the availability or unavailability of the website and services. Users acknowledge that they bear sole responsibility for ensuring that their use of the website and reliance on its services meets their individual requirements and is conducted in accordance with these Terms.

19.6 Modifications to Service: The Provider reserves the right to modify or discontinue, temporarily or permanently, the website or any services provided thereon with or without notice. Users agree that the Provider shall not be liable to them or to any third party for any modification, suspension, or discontinuance of the service.

20. Force Majeure

20.1 Definition: For the purposes of these Terms, "Force Majeure" refers to any event beyond the reasonable control of the Provider, including but not limited to natural disasters (such as earthquakes, hurricanes, floods), war, terrorism, strikes, labor disputes not involving the Provider's workforce, acts of government, pandemics, epidemics, failures of public utilities or civil unrest, acts of God, or the unavailability of the internet or a portion thereof.

20.2 Exemption from Liability: The Provider shall not be held liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (Force Majeure Event). This exemption from liability includes any disruption to services, loss of data, failure to provide any particular service, or degradation of the user experience due to a Force Majeure Event.

20.3 Notification: Upon the occurrence of a Force Majeure Event, the Provider endeavors to notify users promptly, providing details of the Force Majeure Event and its potential impact on the services provided by the website.

20.4 Mitigation and Continuation of Service: The Provider will take all reasonable steps to mitigate the effects of the Force Majeure Event and to resume performance of its affected obligations as soon as reasonably possible. This includes reallocating resources, seeking alternative solutions to perform obligations, and collaborating with service providers.

20.5 Right to Terminate or Suspend Service: If the Force Majeure Event persists for an extended period (defined by the Provider), the Provider reserves the right to suspend or terminate any affected services or these Terms without liability. Users will be notified of any such decision and will be provided with information regarding the cessation of services or the termination of the agreement.

20.6 User Acknowledgment: Users acknowledge and agree that the Provider is not liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, or any other Force Majeure Event.

21. Pricing and Services

21.1 Services Provided: The Provider offers various services through the website www.tourismembassy.com, as detailed on the platform. These services may include, but are not limited to, access to digital content, subscription services, and other online resources. The specific features, functionalities, and limitations of each service will be described on the website or in the service agreement.

21.2 Pricing: Prices for the services offered on the website are listed in the relevant sections and are subject to change. The Provider reserves the right to adjust prices for services offered on the website at any time. However, any price changes will not affect orders or subscriptions already accepted or confirmed by the Provider prior to the price change announcement.

21.3 Notification of Price Changes: In the event of a price change for a subscription service or any service with recurring charges, the Provider will provide users with reasonable notice of such changes before they become effective. This notice may be provided through the website, via email, or by any other communication method deemed appropriate by the Provider.

21.4 Service Modifications: The Provider continuously seeks to improve and enhance the services offered to users. As a result, the Provider reserves the right to modify, add, or remove features, functionalities, and services without prior notice. However, if such modifications materially reduce the functionality of a paid service, the Provider will provide affected users with reasonable notice and an opportunity to cancel their subscription or service.

21.5 User Acceptance of Changes: Continued use of the website and its services after any such changes to prices or services shall constitute the user's consent to such changes. Users are encouraged to review the website and these Terms regularly to ensure they are informed of any changes.

21.6 Refunds and Cancellations: The Provider's refund and cancellation policies for its services are detailed on the website or in the service agreement. Users are advised to review these policies before purchasing or subscribing to any services. Certain services may be subject to specific terms and conditions that include detailed refund and cancellation policies.

22. Intellectual Property Infringement and DMCA Policy

22.1 Notice of Infringement: The Provider respects the intellectual property rights of others and expects users of the website to do the same. Users or copyright owners who believe that their intellectual property rights have been infringed upon by the website's content are encouraged to notify the Provider following the Digital Millennium Copyright Act (DMCA) guidelines. The notification should include: A detailed description of the copyrighted work that the user or owner claims has been infringed. A description of where the material that is claimed to be infringing is located on the website. Contact information of the complaining party, such as an address, telephone number, and, if available, an email address. A statement by the complaining party that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

22.2 Provider's Response: Upon receipt of a valid infringement notice, the Provider will promptly investigate the complaint and take appropriate actions under the DMCA and other applicable intellectual property laws. This may include removing or disabling access to material claimed to be the subject of infringing activity.

22.3 Counter-Notice: Users who believe that their content was wrongly removed or disabled due to an error or misidentification may submit a counter-notice to the Provider. The counter-notice must contain: The user's name, address, and phone number. Identification of the content that has been removed or disabled and the location at which the content appeared before it was removed or disabled. A statement under penalty of perjury that the user has a good faith belief that the content was removed or disabled as a result of mistake or misidentification. The user's physical or electronic signature.

22.4 Repeat Infringers: In accordance with the DMCA and other applicable laws, the Provider has adopted a policy of terminating, in appropriate circumstances and at the Provider's sole discretion, users who are deemed to be repeat infringers. The Provider may also, at its sole discretion, limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

23. International Use and Legal Compliance 

23.1 Global Accessibility: The Provider acknowledges that www.tourismembassy.com is accessible to users worldwide. However, not all services or features provided on the website may be available or appropriate in all jurisdictions. The Provider makes no representation that materials on the website are appropriate or available for use in locations outside the jurisdiction of the Provider, and accessing them from territories where their contents are illegal is prohibited.

23.2 Compliance with Local Laws: Users are responsible for compliance with all local laws and regulations applicable to their use of the website and services, including but not limited to, laws relating to online conduct, acceptable content, and the export of data to and from the user's country of residence. Users agree not to use the website in any way that violates such laws or regulations.

23.3 Export Control: The use of the website and the transmission of data, information, software, and other materials through the website may be subject to export and import laws of various countries, including those of the European Union and its member states, and the United States. Users agree to comply strictly with all such laws and regulations and acknowledge that they have the responsibility to obtain authorizations to export, re-export, or import as may be required.

23.4 Jurisdictional Sensitivities: Users acknowledge that the Provider is not liable for any failure to comply with any laws or regulations outside the jurisdiction of the Provider. Furthermore, users agree that any content they contribute to the platform will not contain material that is illegal or prohibited in the country where they reside. The Provider reserves the right to remove content that is deemed to violate this provision without notice.

23.5 Governing Law Variations: While these Terms are governed by the laws of the country of the Provider's registration, users accept that legal principles of conflict of laws may necessitate the application of laws of another jurisdiction for specific cases or issues arising from or related to the use of the website and its services.

25. Limitation of Liability

 25.1 Exclusion of Certain Damages: To the maximum extent permitted by applicable law, in no event shall the Provider, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with: The use or inability to use the website or services. Any conduct or content of any third party on the website. Any unauthorized access, use, or alteration of data. Any content obtained from the website. Any errors or omissions in the website's operation or transmission. Any interruption, suspension, modification, or discontinuation of the website or services.

25.2 Limitation of Direct Damages: In no event shall the aggregate liability of the Provider, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these Terms or the use of or inability to use the website or services exceed the amount paid by the user, if any, to the Provider for the use of the website or services during the twelve (12) months immediately preceding the event giving rise to such liability.

25.3 Basis of the Bargain: The user acknowledges and agrees that the Provider has offered its products and services, set its prices, and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the user and the Provider, and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between the parties.

25.4 Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations and exclusions set forth above may not apply to the user. However, to the extent that any provision of this clause is prohibited by any applicable law, such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of this clause or the Terms.

26 Cookie Usage

26.1 Information Collection: By using the website www.tourismembassy.com, you consent to the use of cookies and similar technologies to collect information about your browsing and interaction with the site. This information may include, but is not limited to, data about your device, location, browsing behavior, preferences, and activities on the site.

26.2 Purposes: Cookies are used for various purposes, including improving user experience, personalizing content and advertisements, analyzing site performance, and providing social media features. Information collected by cookies may also be used for security and fraud prevention purposes.

26.3 Cookie Control: You have the option to control and manage cookie usage at any time by adjusting your browser settings. You can choose to accept or reject cookies, as well as delete cookies already stored on your device. Please note that disabling cookies may affect certain features of the site and limit your user experience.

26.4 Consent: By continuing to use the website www.tourismembassy.com, you consent to the use of cookies in accordance with this policy. If you do not accept the use of cookies or wish to withdraw your consent, please cease using the site and adjust your browser settings as indicated above.

26.5 Modifications: This cookie policy may be updated periodically to reflect changes in information collection and usage practices. Changes to this policy will be published on the website, and your continued use of the site after the publication of such changes constitutes your acceptance of these changes.

27 Personal Data Privacy

27.1 Data Collection and Processing: The provider undertakes to collect and process users' personal data in a transparent, fair, and secure manner, in accordance with its Privacy Policy. Personal data collected may include, but is not limited to, information such as name, email address, postal address, phone number, and other identifiable information.

27.2 Data Usage: Users' personal data will only be used for the purposes for which it was collected, such as providing services, personalizing user experience, communicating with users, managing accounts, and complying with legal and regulatory obligations.

27.3 Non-Resale of Data: The provider undertakes not to resell, rent, or share users' personal data with third parties for commercial purposes without the explicit consent of the concerned users. Personal data will only be disclosed to third parties to the extent necessary to provide the services requested by users or as required by law.

27.4 Data Security: The provider will implement appropriate security measures to protect personal data against unauthorized access, misuse, disclosure, alteration, or destruction. This includes the use of encryption protocols, firewalls, access controls, and other standard industry security practices.

27.5 Consent: By using the website www.tourismembassy.com and providing their personal data, users consent to the collection, processing, and usage of their data in accordance with this clause and the provider's Privacy Policy.

27.6 User Rights: Users have the right to access their personal data, rectify, delete, or limit its processing, in accordance with applicable data protection laws. Users can exercise these rights by contacting the provider at the contact details provided on the website.

27.7 Modifications:

This data privacy clause may be updated periodically to reflect changes in data collection and usage practices. Changes to this clause will be published on the website, and users' continued use of the site after the publication of such changes constitutes acceptance of these changes.

28 Contact 

For any questions regarding these Terms or any other question or concern regarding the website or services, please contact the Provider at the contact details provided on the website. The Provider will endeavor to promptly address all questions or concerns and to resolve issues satisfactorily.

29 Conclusion

Thank you for taking the time to carefully read these Terms and Conditions. By using the website www.tourismembassy.com and the associated services, you agree to be bound by these Terms. If you do not accept these Terms, please do not use the website or services. If you have any questions or concerns regarding these Terms, please contact the Provider at the contact details provided on the website.

Email: info@tourismembassy.com 

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