Terms & Conditions
AGREEMENT WITH THE USER
GENERAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
1. GENERAL TERMS AND CONDITIONS AND ITS ACCEPTANCE
Hereafter, the description of the General Terms and Conditions (hereafter "the General Conditions”) that can be applied to the use of the services and contents uploaded in the Website www.andatravel.com.ar (hereafter, the “WEBSITE”) that ANDA TRAVEL (hereafter “ANDA”) offers to its customers and Internet users. By itself, the use of the WEBSITE is subject to all use notices, rules, and instructions that have been made available to the User by ANDA, completing what provided by these General Conditions provided that they are not in contrast with them.
The use of the WEBSITE attaches the condition of “User” of the SITE (hereafter the "User") and expresses the full acceptance without any reserve of the User of all and each of the General Terms and Conditions in the version published by ANDA starting from the moment when the User accesses the WEBSITE. As a consequence, the User must read carefully the General Conditions before using the WEBSITE. Given that ANDA reserves the right to change the terms and conditions at any time, we suggest you to check them periodically.
2. WHO WE ARE. The multidisciplinary staff of ANDA is composed of people coming from the tourism field having worked in Non-Governmental Organizations (NGOs) and in communication media and people having worked in economic and social fields.
ANDA is supported by the Secretary of Economic Development of the Government of the city of Buenos Aires, that received the fund of Buenos Aires Emprende to keep growing over the year 2009. The company was also granted the first prize in the contest Desafío Joven 2008 organized by SHELL and ACDE.
By its Website, ANDA helps Users and Customers use the different contents and services offered by ANDA or by third providers (hereafter the “Information” and “Services” ).
3. WEBSITE USE CONDITIONS
3.2 User’s obligations
3.2.1 Correct use of the WEBSITE. The User undertakes to use the WEBSITE in accordance with the law, these General Conditions, as well as with the ethics and generally accepted good habits and the public order. The User undertakes no to use the WEBSITE with illegal ends or effects, contrary to what established in these General Conditions, that may cause damage to the rights and interests of third parties or that in any other forms may cause damage or prevent the use of the WEBSITE by its Users. In particular, the user undertakes not to do any of the following acts:
184.108.40.206 General Conduct. It is forbidden to: a) use the WEBSITE, directly or indirectly, with the aim of breaking any applicable law, for any nature, whether provincial, national or international-wise; b) send or transmit pornographic or obscene material; c) transmit, distribute or store any type of information, data or materials that may break provincial, national or international laws or rules; d) send or transmit information whose content proves to be, directly or indirectly, without this being a limitation, transgressor, profane, abusive, defamatory and/or fraudulent, or revealing private or personal statements affecting any person or on the contrary violating other people’s rights; e) use the services by means of false, wrong or not existing names, whether it is a natural or legal person; f) send or transmit any material that the user has no right to transmit under the law (either Copyrights, registered marks, trade secrets, patents or other rights of third party’s property) or in compliance with the contract or trust relationships (such as non-disclosure contracts); g) carry out actions limiting, denying or preventing any individual, group, entity or organization from using the contents, products or services offered through the WEBSITE and the Internet in general;
220.127.116.11 Security. It is forbidden to: a) try to violate the authentication, verification systems of identity and safety of the server, networks or accounts of the users; this includes, without limitation, trying to access data not destined to the user, trying to access the server or accounts without the explicit authorization or trying to check the security of our networks by the use of tools such as SATAN or likes; b) try to interrupt the Internet communication, such as altering routing information, deliberately overloading a service, carrying out IT attacks against other computers on the Net; c) use any program, command or command group or send any type of message destined to interfere with the session established by the user anywhere on the Internet; d) carry out any type of monitoring which implies the interception of information not destined to the user; e) send or transmit files containing viruses or other destructive characteristics that may negatively affect the function of other people’s computer and/or may affect their correct function and /or the function of the WEBSITE;
18.104.22.168 E-mail: It is forbidden to: a) threat, insult, slander or affect the rights of any individual, group, entity or organization, through the use of e-mails, independently of the language, frequency or message length; b) send or transmit advertisements, promotional material, political campaigns or other forms of service provision, whether of our own or of third parties, including junk-mails, spamming, chains and pyramids; c) send malicious e-mails, including actions of “mail bombing” trying to overwhelm a specific user or server with an extremely high number of e-mails, among others;
3.2.2 Means to obtain Contents. The User shall have to refrain from obtaining information, messages, graphs, drawings, audio and/or image files, pictures, recordings, software and in general, any class of material accessible through the WEBSITE (hereafter the "Contents") by the use of different means or procedures having, from time to time, being offered to this effect in the web pages where the Contests are uploaded or, in general of those usually used on the Internet to this effect provided that they do not imply a risk of damage or interdiction to use the WEBSITE, the information and/or the Contents.
3.2.3 Correct use of the Contents. The Information, Contents and the software of this Website can be used as a purchase and/or communication tool or a source of information. The user undertakes to use the contents in a diligent, correct and legal way and in particular, to refrain from: (a) using the Contents with ends or effects contrary to the law, ethics and generally accepted good habits or of public order; (b) reproducing or copying, distributing, allowing the Access of the public through any means of public communication, transforming or modifying the Contents unless there is an authorization of the owner of these rights or this is legally permitted; (c) cancelling, disregarding or manipulating the "Copyright" and other identification data of the rights of ANDA or the owners entitled to these Contents; as well as the technical protection devices, the digital pages or any information mechanism that the Contents may contain; (d) using the Contents and, in particular, the information of any category obtained through the WEBSITE or the Services to market or disseminate such information.
3.3 Introduction of Hyperlinks. The Users and in general, those people that mean to establish an hyperlink between their webpage and the WEBSITE (hereafter the "Hyperlink") shall have to accomplish the following conditions: (a) the Hyperlink will only allow the Access to the web pages of the WEBSITE, but they could not reproduce them in any way; (b) no hyperlink was established with the different web pages of the WEBSITE of the home page or the first page of the WEBSITE or the Information (deep linking); (c) no browser nor a border environment will be created, nor a frame on the web pages of the WEBSITE (framing); (d) no false, incorrect or wrong demonstrations or indications will be created on the Web pages of the WEBSITE and of the Information and in particular, it shall not be stated nor given to understand that ANDA has authorized the Hyperlink or has it supervised or assumed in any way the contents or services offered or made available, of the web page in which the Hyperlink is established; (e) with the exception of those signs being part of the Hyperlink itself, the webpage in which the hyperlink is established shall not contain any brand, brand name, company sign, name, logo, slogan or other distinctive signs referring to the WEBSITE; (f) the web page in which the Hyperlink is established shall not contain illegal information or contents, contrary to the ethics or generally accepted good habits and to the public order, and neither shall it include contents contrary to any third parties’ rights.
The establishment of the Hyperlink does not include in any case the existence of a relationship between ANDA and the webpage owner in which this is established, not the acceptance or approval by ANDA of its contents or services unless such a relationship is established by a written agreement between the two parties, ruled in this case by the provisions of such a contract.
3.4 Indemnity. The user will defend and hold ANDA harmless against any damage and/or prejudice, of any nature, including the reasonable expenses for lawyers’ fees that may arise because or during any action or request made by a third party as a consequence of the user’s non-compliance with any of the clauses of this agreement, or the breach by the same of any law or right of a third party. Likely, the user shall keep ANDA and its stockholders, as well as its affiliates, officials, directors, employees, representatives, present or future, harmless for and against all damages and/or prejudice, of any nature, coming or resulting, directly or indirectly, from the use of the Information and/or Services offered in or through the WEBSITE, when they derive from or are due to, directly or indirectly, the user’s non-compliance of any of the clauses of this agreement or the breach of any third party’s law or right.
3.5 Exclusive liability use. The User is aware and voluntarily accepts that the use of the WEBSITE, of the Information and Contents is done, in any way, under his/her only and exclusive liability.
4. DISCLAIMER OF WARRANTIES AND LIABILITIES
4.1 THE WEBSITE
4.1.1 Website and services functioning
22.214.171.124 General. ANDA shall hire the access to the Internet to a third provider. You accept and recognize that the WEBSITE cannot always be available due to technical problems or the Internet, provider failures, or for any other reason alien to ANDA.
As a consequence, ANDA does not guarantee the availability and continuity of the WEBSITE functioning; and neither the use of the WEBSITE to carry out any particular activity nor its infallibility, even if not exclusively, that the Users can effectively use the WEBSITE, access different web pages that are part of the WEBSITE.
ANDA excludes any liability for the damage and prejudice of any nature originated directly, indirectly or remotely from the interruption, suspension, termination or lack of availability or continuity of the WEBSITE functioning, of the defrauding of the usefulness that the users could have attached to the WEBSITE, to the WEBSITE reliability and in particular, even if not exclusively, for the failures in accessing the different pages of the WEBSITE.
ANDA is not liable for any damage, prejudice or loss in the user’s equipment originated from any system, provider and Internet failure.
126.96.36.199 Privacy and security. ANDA does not guarantee the privacy and security in the use of the WEBSITE and in particular, does not guarantee that unauthorized third parties cannot get to know details about the class, conditions, characteristics and circumstances about the Users' utilization of the WEBSITE, the information and contents. ANDA excludes all liabilities for whatsoever damage and prejudice that may be due to the knowledge that unauthorized third parties may get to know of details about the class, conditions, characteristics and circumstances about the Users' utilization of the WEBSITE.
188.8.131.52 The user accepts and understands that the use and/or interpretation provided in this Website and the decisions that are taken in accordance to it, are fully carried out at their own risk. As a consequence, it is expressly declared that the decisions taken by the user are result of his/her own discretional faculties.
184.108.40.206 The information, both of news, reports, stock exchange prices, judicial auctions, events, etc..contained in this Website and/or advice provided by our specialized staff or third people mentioned as information sources, is exclusively for the WEBSITE user’s information and has no judgmental nature, nor represents a request, a rating or purchase or sale suggestion of any of the financial assets mentioned in the reports or publications. It cannot even be considered as a contract of advice as these were drawn up by taking into account general conditions according with the general reports and in no case they refer to a concrete or specific case.
220.127.116.11 ANDA cannot control nor edit the Contents provided by third parties before being published, nor can it guarantee the elimination of any inappropriate material after its publication. The publications of third parties do not represent the opinion, belief or intention of ANDA.
18.104.22.168 Projections and estimates that are published on this site have been developed by staff from ANDA and / or third parties mentioned as sources of information supported by the best tools available, not ensuring that they are met.
22.214.171.124 ANDA may at any time modify the views and expressions contained in the site without prior notice.
126.96.36.199 ANDA IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR THE INTERPRETATION AND / OR THE INCORRECT INTERPRETATION OF WHAT MENTIONED IN THE SITE EXPLCITLY OR IMPLICITLY, NOR FOR DRUG ABUSE, AND IS NOT EVEN LIABLE FOR DIRECT OR INDIRECT DAMAGES OR DAMAGES CAUSED OR FOR PEOPLE THAT WERE INDUCED TO TAKE DECISIONS OR ACTION IN CONSULTING THE WEBSITE.
188.8.131.52 ANDA assumes no liability whatsoever, whether by reason of access to the WEBSITE or by any data transfer, should the user's computer be affected by a virus, or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or user files.
184.108.40.206 ANDA warns that, as it is not the owner of all of the information contained on the Web Site, some of the texts, graphics, links and/or content of some articles in the same may not be true or may not be updated. ANDA does not guarantee the accuracy, reliability, completeness or timeliness of the information contained on the Site that may contain inaccurate, incorrect and/or substantial or other typographical errors. Accordingly, ANDA does not assume any liability for any damages and prejudice that may result from the lack of accuracy, reliability, completeness or timeliness of the Information and Content.
220.127.116.11 ANDA is not responsible for damages of any kind that may result from the transmission, diffusion, storage, availability, reception or access to content, and in particular, though not exclusively, for damages that may result from: (a ) the breach of the law, morality and generally accepted good customs or public order as a result of the transmission, diffusion, storage, availability, reception or access to contents; ( b ) infringement of the rights of intellectual property, trade secrets, contractual commitments of any kind, the rights to honor, personal and family privacy and image of persons, property rights and all other rights belonging to third parties as a result of the transmission, diffusion, storage, availability, reception or access to contents;
(c) the performance of acts of unfair competition and illegal advertising as a result of the transmission, diffusion, storage, availability, reception or access to contents; (d) the inadequacy for any purpose and the disappointment of the expectations generated by the Contents; (e) the failure, delay in performance, defective performance or termination for any reason of the obligations assumed by third parties and contracts with third parties through or in connection with access to the Content; ( f ) vices and defects of any kind of content transmitted, distributed, stored, made available or otherwise transmitted or made available, received, obtained or is accessed through the Web Site.
4.2 Liability for the content, products and services located outside the WEBSITE .
The WEBSITE, with the sole purpose to facilitate the search for and access information available on the Internet offers the users technical links, directories, search engines, search tools or other telematic links. This allows users to access Internet sites owned and/or operated by third parties (the "Linked Sites").
ANDA does not offer or sell, directly or through third-parties products and services available on the Linked Sites. The User agrees and understands that the Internet contains materials of all kinds, edited and unedited, some of which may contain explicit sex scenes or may be offensive to you or your families.
ANDA does not previously control, approve, monitor or own the products, services, content, information, data, files, products and any kind of material in the Linked Sites. Consequently, your access or that of your families to these materials is considered at your own risk. The user should therefore exercise caution in the assessment and use of services, information, data, files, products and any kind of material in the Linked Sites.
ANDA assumes no liability for damages of any kind that may result from: ( a) the performance, availability, accessibility or continuity of the linked sites; ( b ) the maintenance of the services, information, data, files, products and any kind of material on linked sites; ( c ) the provision or sale of the services, information, data, files, products and any kind of material on linked sites; ( d ) the quality, legality, reliability and utility of the services, information, data, files, products and any kind of material at the linked sites, and services provided by third parties through the WEBSITE.
5. RIGHT OF WITHDRAWAL. ANDA reserves the right at any time and without any prior notice, to deny, withdraw access to the Site, or terminate as a user of the Site for violation of Policies described herein.
7. GENERAL This Agreement shall not be construed as a partnership agreement, mandate, agency, or creates any relationship between ANDA and the User.
If any of the above conditions is declared void, this shall not affect in any way the validity or enforceability of the remainder of the conditions laid down in this agreement. This Agreement may not be amended or modified by the user, except that either through a written document signed by both the user and by the legal representative of ANDA. Our failure to act, with respect to a violation of the agreement by the user or others, does not affect our right to act against subsequent or similar violation. The headings in this agreement are for reference only, and cannot in any way define, limit, or describe the scope or extent of such section.
8. COMMUNICATIONS Any notice or other communication to be made hereunder shall be in writing: (i) to the user: to the email account or by a letter addressed to the document stated in his registration record or (ii) to Morgan GARCIA Mansilla y Cia . SA to the email account specified in the WEBSITE or Reconquista 669, 3rd floor of the Autonomous City of Buenos Aires.
9. JURISDICTION AND APPLICABLE LAW These Terms shall be governed by the laws of Argentina. The parties agree that any dispute or claim arising out of or relating to or in connection with the execution or performance of this Agreement, including without limitation, any dispute concerning the validity, interpretation, enforceability or breach of this Agreement and/or any dispute over commercial transactions made by users through the web site will be solved exclusively and finally by the Ordinary commercial National Court of the Federal Capital of Argentina.
10. INTELLECTUAL PROPERTY All the contents of this site, including but not limited to, text (including comments, lectures, exhibitions and plays), graphics, logos, icons, images, audio and video files, software and all the features that can be found on the Site (the "Content") are the exclusive property of ANDA and/or its suppliers of content, and they are protected by international copyright laws. Improvements and/or changes to the contents of the Web Site are exclusive property of ANDA. All software used on this Site is owned by ANDA and/or its Software suppliers. Improper use and reproduction are subject to the legal actions. The use of the services provided by ANDA may, under no circumstances, be interpreted as an authorization and/or licensing of intellectual property rights of ANDA TRAVEL and/or a third party. The Contents and software on this Site may be used as a tool for purchase and/or communication, or a source of information.
Any other use, including the reproduction, modification, distribution and/or transmission, whether total or partial, of the contents of this WebSite is strictly prohibited without the express permission of ANDA . Permission to use the Content of ANDA shall be granted case by case. Please write your requests to firstname.lastname@example.org
In any case, the authorized use of the Contents (whether by full or partial reproduction or by any other means or by means of known or unknown means or processes as of the date) is subject to the inexcusable obligation to explicitly mention the source, stating the date of publication and data concerning its author.
ANDA TRAVEL is a registered trademark owned by Museri Elvira in Argentina and in various parts of the rest of the World. The graphics, logos and names identifying the Content and the Services are also registered trademarks of ANDA.
These trademarks cannot be used in connection with products or services not belonging to ANDA, in any manner likely to cause confusion among users and/or to discredit ANDA. All image texts, designs, compilations and all materials appearing on this website are registered © 2009 by " ANDA TRAVEL" . All rights reserved. Forbidden duplication, distribution, or storage in any medium. This WebSite (or any portion of this WebSite) may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for purposes other than those expressly permitted by ANDA. All rights reserved. Do not duplicate, distribute, store in any way.