Terms and Conditions for the use of
Myvacationcompanion.com
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than any necessary travel agencies or entities at the destinations the client has booked travel with through this website and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
§ excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
§ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Personal Check with Bankers Card, money orders, all major Credit/Debit Cards, Bankers Draft or ACH Transfer are all acceptable methods of payment. Our Terms are payment in full upon the first of the month or on the anniversary date for members paying a year at a time. Monies that remains outstanding by the due date will incur late payment of $5 or 5%, which ever is higher, to cover administrative costs associated with collection fo the fees. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $50 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 48 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $5.00 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
Availability
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in Pennsylvania, with an office at 3960 Industrial Park Rd, Camp Hill, PA 17011
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Pennsylvania, USA govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Pennsylvania courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Term Luxury
In all vacation give a ways, MVC reserves the right to determine what the term luxury implies. It is at the sole discretion of MVC to determine if a resort is a luxury destination or not.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
Prize winners
1. Any member winning a prize from MVC will be ineligible to win future prices for a period of 24 months.
2. All prizes are non-transferable.
3. Prizes have no cash redemption value
4. Winner must take the trip in time specified by MVC.
5. Failure to take the trip before the date specified by MVC will result in forfeiture of the prize back to MVC.
6. All terms used to describe the trip, ie luxury, ultimate, ect, are soley at the discretion of MVC and it's staff. MVC and it's staff will be the sole arbitor of the definition of these terms and their use.
7. Employees, and immediate family of employees, of MVC are not eligible to win trips from MVC.
Charter Members
1. Charter Members must be 18 years of age.
2. Once Charter Members pay thier Charter Member dues in full, they will not be charged member dues again. My Vacation Companion guarantees it's Charter Members that, assuming all Charter Memberships are purchased, we will conduct a minimum of 6 Charter Member trip drawings. The term of the Charter Membership is based upon the business life of My Vacation Companion. If MVC ceases operations, the Charter Memberships will terminate and all obligations from My Vacation Companion, with the exception of the guaranteed 6 trip drawings, to the Charter Members will cease.
3. Charter Members are the only members will have the option to opt our of any MVC give-a-way in which they do not wish to participate. They must opt out in writing to MVC's staff. An email is an acceptable for of communication for this purpose.
4. Any Charter Member who wins a Charter Member prize will be ineligible to win future prizes for a period of 36 months.
5. Any Charter Member who wins a prize for the general membership will still be eligible for a Charter Member prize give-a-way.
6. Members who win a trip from MVC agree to allow MVC to use thier first name, last initial and image, and any other general information as it pertains to thier membership, for marketing purposes for as long as MVC deems it useful.
7. The definition of exclusive when used by MVC to describe the number of Charter Memberships issued is at the sole discretion of MVC and it's staff.
8. MVC reserves the right to release additional Charter Memberships as it sees fit. Any time there is a new release of Charter Memberships, MVC reserves the right to create and hold an additional 1% to 10% for the sole use of MVC's President and Vice President for marketing purposes.
9. Charter Memberships are non-transferable.
10. Refund of Charter Member Dues - Charter Members will not receive a refund on member dues after the first Charter Member give-a-way has been awarded following their joining MVC or after 11 months have passed.
11. Cancelation of Charter Membership, and a request refund if available, must be done in writing and provided to MVC. Electronic (email) or physical mail is acceptable.
General Member terms and conditions
1. Members must be 18 years of age to join MVC.
2. Members DO NOT have the option to opt out of a prize give-a-way
3. Any member who wins an MVC give-a-way will be ineligible to win future give-a-ways from MVC for a period of 24 months.
4. Members agree that MVC is not responsible for the information posted on the Travel Logs and while MVC will do it's best to monitor and remove any posts containing inappropriate language or pictures, we will not be responsible for any "cyber bullying," or "cyber stalking" that may occur. Members are responsible for managing thier own Travel companions and removing the ones that they feel are offensive.
5. Members agree that when they meet a person online through MVC, there is the same inherent risk involved with meeting someone for the fist time. It is the members responsibility to take all reasonable precautions when meeting their new travel companion.
6. Members who win a trip from MVC agree to allow MVC to use their first name, last initial and image for marketing purposes for as long as MVC deems it useful.
7. Cancellation of membership must be done in writing to MVC. An email will be an acceptable means of communication for this purpose.
8. Memberships are non-transferable.
9. Refund - General, Gold, family and bridal members may cancel their memberships at any time in writing. Because they are a month to month client, their will be no refund available.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© My Vacation Companion, LLC 2010 All Rights Reserved
