In these Terms, “our”, “we” and “us” means “FestiVu”,and its parent and subsidiaries or future entities assigned ownership.
In these Terms, “Services” include our website, mobile applications, and any other related digital works.
These Terms relate to the use of our Services.
These Terms constitute a legally binding agreement between you and FestiVu (the “Agreement”).
By using our Services, you confirm that you have read, understood and agree to be bound by the terms of these Terms.
We reserve the right to change these Terms at any time but will provide a notice of these on our website. You are deemed to have accepted these changes by continuing to use Services.
If you disagree with these Terms you must discontinue using our Services.
Our Services are provided to you at our discretion for your own personal, non-commercial purposes and for no other purpose.
FestiVu may change our Services at any time including, but not limited to, suspending user access, inserting advertising, and limiting the pool of flights and hotels searched by our Services.
All other uses of our Services outside these are prohibited. The following activities are expressly prohibited:
You acknowledge and agree that any pricing information provided by our Services is obtained from our suppliers and partners or public domain sources. By using our Services you agree that price quotes made with our Services may be displayed to other users and may not be available at the point of sale. FestiVu recommends that you read the terms and conditions of use of any website operated by any third party before purchasing flights or any other products or relying on information contained in them.
All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in our Services (together, the “Intellectual Property Rights”) are owned or licensed by FestiVu. You acknowledge that by using our Services you will not acquire any right or interest in our Services, FestiVu, or the Intellectual Property Rights.
You shall not:
You acknowledge that our Services incorporate content, pricing information, data and brand names owned by our suppliers and partners (“Partner Materials”). The property restrictions above apply equally to Partner Materials.
You shall ensure that no malicious or disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, trojan horse, authorisation key, licence control utility or software lock is introduced by you onto our Services.
By using our Services and accepting these Terms you warrant and represent that:
Your use of our Services is entirely at your own risk. While FestiVu will endeavour to ensure that the content of our Services are up-to-date and accurate, FestiVu cannot guarantee the reliability or accuracy of the content contained in it and you should not rely on such content.
FestiVu makes no representations and does not warrant to you that our Services:
Although there is currently no charge for the use of our Services, FestiVu expressly reserves the right to charge for use of our Services or any part of it at a later date.
FestiVu has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of our Services. In particular, FestiVu shall not be responsible for the transmission of funds between you and any third party provider, partner or distributor with whom you choose to deal. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party provider, partner or distributor.
This Agreement sets out the full extent of FestiVu' obligations and liabilities in respect of the Services. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Any condition, warranty or other term concerning the supply of or failure to supply Services which might for this paragraph have effect between FestiVu and you or would otherwise be implied or incorporated into this Agreement or any collateral contract (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible by law and FestiVu shall not be liable to you in tort, delict or otherwise pursuant to the express terms of this Agreement in respect of the subject matter of this Agreement or the supply or non-supply of our Services. This statement shall not affect any of your statutory rights.
You should always obtain professional advice before making any decision which is prompted by our Services or information you have been provided by FestiVu that may have legal or financial implications.
To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of FestiVu) FestiVu does not accept any liability for:
By using our Services, you release FestiVu from all such liability.
FestiVu makes no representation that materials or information on our Services are appropriate or available for use in locations outside the United Kingdom and accessing our Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Services from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
Owing to the nature of the Internet and the fact that your access to our Services involves functionality outside FestiVu's control, FestiVu is not responsible for technical problems that you may experience with our Services.
You agree to indemnify and keep FestiVu fully and effectively indemnified from and against all actions, claims, proceedings, costs, damages and expenses (including, without limitation, legal fees) arising out of your use of our Services.
FestiVu may in its absolute discretion immediately terminate this Agreement upon notice to you. FestiVu may suspend your use of our Services without notice at any time, without incurring any liability to you whatsoever.
Immediately upon termination of this Agreement:
You acknowledge that the unauthorised use of our Services may result in irreparable damage and injury to FestiVu and/or its affiliates, partners, or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, FestiVu, its affiliates, partners and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of our Services.
Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that FestiVu, its affiliates, partners, and/or licensors may have.
The invalidity or unenforceability of any provision (in whole or part) of these terms and conditions shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms and conditions.
These terms and conditions are personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without FestiVu' prior written consent.
These terms and conditions represent the entire agreement between FestiVu and you and supersede any previous arrangements.
Any failure by FestiVu to enforce any of the terms of these terms and conditions shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these terms and conditions.
A person who is not a party to these terms and conditions shall have no right under UK legislation, including the Contracts (Rights of Third Parties) Act 1999, to enforce any provision of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Irrespective of the country from which you access or use of our Services, your use of our Services is governed in accordance with the laws of England and Wales to the non-exclusive jurisdiction of whose courts you are deemed to have submitted.