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Agreement between User And bizk2k.com
Applicability of the agreement:
This agreement ("user agreement") incorporates the terms and conditions for Camp Adda India Travel Pvt. Ltd. (hereinafter referred to as "Company ", which expression shall unless repugnant to the context herein, include its successors and permitted assigns); and its affiliate Companies ("COMPANY ") to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of COMPANY by using COMPANY 's websites or using any other customer interface channels of COMPANY which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
Both User and COMPANY are individually referred as 'party' to the agreement and collective referred to as 'parties'.
"Travel agents by profession are barred from making any bookings for their customers on COMPANY website and any bookings found to be made in violation of this term will entitle COMPANY to cancel such bookings without any liability whatsoever."
User's responsibility of cognizance of this agreement
The Users availing services from COMPANY shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by COMPANY for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or COMPANY with respect to any services to be provided by COMPANY shall be restricted to the scope of this agreement.
COMPANY reserves the right, in its sole discretion, to terminate the access to any or all COMPANY websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by COMPANY like the air tickets, MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by COMPANY which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.
COMPANY 's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail COMPANY 's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other COMPANY document, then these terms shall control.
Fees Payment
COMPANY reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. COMPANY further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by COMPANY for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. COMPANY is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User shall request COMPANY for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and COMPANY as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or ‘no show’ air or hotel booking shall be deemed to have been forfeited.
PAYMENT POLICIES
1. Payment Conditions
1. COMPANY works based on prepayment and our prices reflect this. Through the years we have established strategic alliances with our providers and privileges when assigning blockings and priority for waiting Lists and Reservations. This based on our credibility and prepayment policy, which has also allowed us to negotiate special net rates. Maintaining our prepayment policy has provided us with a clear advantage from the reservations and operations stand point and results in our bookings being favored as our providers value the fact that prepayments allow them to work financially stable, avoid extra cost in credits and ultimately ensure a quality service is provided which is our paramount goal.
2. Individual (Fit’s) Bookings: COMPANY considers an F.I.T any party between 1 to 9 travelers (1-4 rooms). For such bookings, an invoice will be sent at the time a booking is confirmed and final payment is due to be credited in our account 30 days prior to arrival date. In the event of a reservation received within 30 days prior to arrival date, full payment should be sent as soon as COMPANY confirms the booking request. Certain hotels may require additional extemporary deposits to guarantee space, especially during the high season. We will be advising you on an individual case basis where such guarantee deposits are required in order to secure the space and secure your reservations.
3. Group Bookings: COMPANY considers a group any party with 10 or more travelers (05 or more rooms). The groups will be confirmed in writing based on the requests made and a proforma invoice will be sent stating the deposit and final payment deadlines. A deposit of 50% over the total amount invoiced is required 60 days before the group arrival. The balance should be sent 30 days prior to arrival date. In the event of a reservation received within 45 days prior to arrival date, full payment should be sent as soon as COMPANY confirms the booking request.
4. Important notes:
* Hotels may require additional deposits to guarantee reservations, especially during the high season or when there are specific numbers of rooms involved. COMPANY will notify the customer, should an additional deposit be required.
* Hotels can only guarantee reservations upon reception of full payment and some hotels may cancel any reservations and sell the rooms to another client if they do not have a payment on the specified due date. It is important for us to receive your payment as soon as possible so we can process the respective guarantee payment to hotels and service providers in time and this way we will ensure all reservations will be honored.
* If this final installment is not received when due, COMPANY reserves the right to treat the reservation as canceled.
Method of Payment
1. Our preferred way of receiving payment in order of preference is as follows: The fastest and most efficient way of payment is via wire-transfer from your bank of the required amount in INR / USD / EUR, plus all bank charges which may be deducted en route, direct to our bank. Wire-transfers should be sent no later than 6 weeks prior to tour departure date. Please note that to reduce the cost of transfer it is advised that you use any of our banker's representatives in your city / country.
It is very important that you cover all bank processing fees originated at your end, which may be required to get the money from your bank to our account. These costs are not included in our quotes or invoices. Our bank will apply their own fees at this end which we already need to cover. The prices quoted to you do not include the cost of wiring the funds from your account to our bank's account.
2. By Credit Card
In order to realize the payment or prepayment with a credit or debit card, COMPANY will send you an e-mail named “Payment Request” with a link to a webpage allowing you to manage the payment. Please note that an additional 3% over the total rate to be paid will be charged to cover our expenses.
In order to realize the payment or prepayment with a credit or debit card, COMPANY will send you an e-mail named “Payment Request” with a link to a webpage allowing you to manage the payment. Please note that an additional 3% over the total rate to be paid will be charged to cover our expenses.
3. Confirmation of Payment
A copy of the deposit with the client's invoice or reservation number must be sent by email to the Travel Planner in charge of your booking and cc accounts@nexthalt.com. It is important to follow the above procedure in order to ensure all deposits for your booking are handled expedite. This way COMPANY knows the deposit has been made, and payments can be started to be processed and we can double check the payment was adequately sent. Not doing this may result in payment delays and potential issues resulting from hotels cancelling services due to lack of prepayment deposits.
CANCELLATION POLICIES
1. Cancellations made by you
1. We understand how frustrating it is for a traveler to have to cancel their trip due to conditions of force majeure, in particular in those cases where the trip was planned well in advance. COMPANY also plans these trips accordingly, uses resources and time to reserve a variety of services including lecturers, guides, drivers, extra office staff, tours, transportation and accommodation and we also need to abide to the cancellation and refund policies established by our suppliers. Therefore we adhere to the Cancellation policies outlined below.
2. With this in mind, we strongly recommend that all our mutual guests are advised to purchase fully comprehensive travel insurance.
3. A last minute cancellation of a service is a cancellation where a client is unable or decides not to use or participate in a service at their discretion, due to any unforeseen situation or for not having verifying details with COMPANY in advance to their full satisfaction prior to confirming their booking, and a formal cancellation is received by telephone, fax, e-mail, letter or personal announcement, through a guide or service representative which is made of our knowledge within a time frame where a service cannot be cancelled.
4. A no-show is the case where a client is unable or decides not to use or participate in a service at his own discretion or due to any unforeseen situation, or for not having verifying details with COMPANY in advance to their full satisfaction and does not notify us accordingly to cancel the service.
5. Cancellation fees apply even if a person transfers to another tour or different start date.
6. Deposits required to guarantee hotel space or guides may be non-refundable.
2. Cancellation procedure
1. All cancellations must be made in writing via email.
2. Please request a written confirmation back from us acknowledging such cancellation. You must expect a reply from one of our reservations executives on the same day. This confirmation will work as your guarantee that we have received the cancellation on that day.
3. Cancellation costs are calculated based on the date that COMPANY receives the actual cancellation in writing, minus any other guarantee deposit to hotels, local flights and service providers which are non-refundable based on their own cancellation policies.
3. Cancellation Terms & Penalties
COMPANY operates under the flexibility principle and will do its utmost to reduce the impact of any cancellation or last-minute changes of travel plans, we are not responsible for non-recoverable expenses incurred by trip members in preparing for a cancelled trip, such as non-refundable advance purchase hotels, transfers, tours, etc; nor for any necessary additional arrangements should the applicant have embarked prior to the departure date (flights, etc.), nor for extra costs for other participants that may be the result because of individual cancelations that may lead to higher costs for remaining participants.
The following refund policies apply for cancellations received after your booking is confirmed and the respective invoice sent:
1. FIT's Cancellations received:
* With 45 days or more days notice prior to the travel date are entitled to a 100% refund, minus a INR 500 per person in Domestic & USD 100 per file / USD 50 per person whichever is higher as handling fee and any other guarantee deposits and expenses incurred.
* Within 45 to 30 days or less notice prior to travel date is subject to 30% penalty. A 70% of the total payment will be refunded, minus any other guarantee deposits and expenses incurred.
* Within 30 to 15 days prior to the arrival date, are subject to 50% Penalty, A 50% of the total payment will be refunded, minus any other guarantee deposits and expenses incurred.
* Within 15 to 7 days prior to the arrival date, are subject to 85% Penalty, A 15% of the total payment will be refunded, minus any other guarantee deposits and expenses incurred.
* Within 7 to 0 days prior to the arrival date, are subject to a 100% penalty and there will be no refund. Same policy applies for reservations cancelled last minute or no-shows.
2. Group Cancellations received between:
* 60 days or more prior to the arrival date, full refund minus INR 1000 per person in Domestic & USD 100 per file / USD 50 per person whichever is higher as handling fee and any other guarantee deposits and expenses incurred.
* 60 to 45 days prior to the arrival date, a 75% of the total payment will be refunded, minus any other guarantee deposits and expenses incurred.
* 45 to 30 days prior to the arrival date, a 50% of the total payment will be refunded, minus any other guarantee deposits and expenses incurred.
* 30 to 15 days prior to the arrival date, a 25% of the total payment will be refunded, minus any other guarantee deposits and expenses incurred.
* 14 to 1 days prior to the arrival date, there will be no refund.
Certain hotels and providers may have stricter cancellation and refund policies which may vary according to each hotel, season, and dates and depending on each specific case or circumstances, in which case each provider policies will apply beyond the limit of our own policies, terms and conditions.
3. Cancellations made by us and Reimbursements
We reserve the right to cancel any of our regular set departure date tours due to insufficient sign-ups or unavailability of quoted services. If this should happen, a full refund will be given, but COMPANY is not responsible for additional expenses incurred by participants in preparing for the tour.
4. Reimbursements & Refunds
1. No refunds, either in part or in full, will be made for unused services or services partially used (air tickets, ground transportation, tours, meals, guiding, accommodation or sightseeing tours not taken, etc.) resulting from last minute cancellations or no-shows. Any changes made to the itinerary by the passenger once the trip has commenced are the sole responsibility of the passenger. The additional cost of changes is the responsibility of the participant. If any trip has to be altered or delayed by contingencies or circumstances beyond our reasonable control ( f.i. political unrest, hurricanes, changes in flights etc ) the additional cost of changes and delay is the responsibility of the participant. No refunds will be given for unused services, lodging, meals and transportation.
2. For travel agents with whom we have a regular flow of bookings, any applicable refunds will be made in the form of credit notes to be applied to future services booked. This is in order to avoid additional bank fees, wire transfer charges and administration costs.
3. When a refund applies, and a cash refund is requested in the form of a wire transfer in USD account then a U.S. $50.00 fee will be deducted of the corresponding amount to cover emissary bank fees, wire transfer charges and administration costs. Please note that intermediary and destinatary bank wire transfers fees are not contemplated in the above fee.
4. Amount will be refunded through same mode within 7 to 10 working days.
Confidentiality
Any information which is specifically mentioned by COMPANY as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
Usage Of The Mobile Number Of The User By COMPANY
COMPANY may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; COMPANY may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by COMPANY is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify COMPANY against all types of losses and damages incurred by COMPANY due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on COMPANY with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
Onus Of The User
COMPANY is responsible only for the transactions that are done by the User through COMPANY. COMPANY will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
Insurance
Unless explicitly provided by COMPANY in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and COMPANY doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by COMPANY shall be as per the terms and conditions of the insuring Company . The User shall contact the insurance Company directly for any claims or disputes and COMPANY shall not provide any express or implied undertakings for acceptance of the claims by the insurance Company.
Force Majure Circumstances
The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If COMPANY is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that COMPANY being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in COMPANY , services committed earlier may not be provided or may involve substantial modification. In such cases, COMPANY shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of COMPANY against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
COMPANY shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of COMPANY arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by COMPANY for its services.
In no event shall COMPANY and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the COMPANY . Neither shall COMPANY be responsible for the delay or inability to use the COMPANY services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the COMPANY , or otherwise arising out of the use of the COMPANY , whether based on contract, tort, negligence, strict liability or otherwise.
The User is aware that COMPANY provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes COMPANY to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to COMPANY for specific exclusion at info@COMPANY .com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of COMPANY provided explicitly in accordance of which COMPANY contacts, solicits the user or shares the user's information.
Proprietary Rights
COMPANY may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by COMPANY and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
VISA obligations of the User
The travel bookings done by COMPANY are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. COMPANY is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
Personal And Non-Commercial Use Limitation
Unless otherwise specified, the COMPANY services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the COMPANY website(s) without the express written approval from COMPANY .
Indemnification
The User agrees to indemnify, defend and hold harmless COMPANY and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by COMPANY and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and COMPANY cannot be held responsible for the same.
Right To Refuse
COMPANY at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by COMPANY is not complete until full money towards the service is received from the customer and accepted by COMPANY .
Without prejudice to the other remedies available to COMPANY under this agreement, the TOS or under applicable law, COMPANY may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, COMPANY reserves the right to recover any amounts due and owing by the user to COMPANY and/or the service provider and to take strict legal action as COMPANY deems necessary.
Right To Cancellation By COMPANY In Case Of Invalid Infromation From User
The User expressly undertakes to provide to COMPANY only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from COMPANY .
In case COMPANY discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, COMPANY in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, COMPANY shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies COMPANY of any such claim or liability and shall not hold COMPANY responsible for any loss or damage arising out of measures taken by COMPANY for safeguarding its own interest and that of its genuine customers. This would also include COMPANY denying/cancelling any bookings on account of suspected fraud transactions.
Interpretation Number And Gender
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
Severability
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use their services by the User contained herein or any other section or pages of COMPANY or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular COMPANY communication, then these terms shall control.
Relationship
None of the provisions of any agreement, terms and conditions, notices, or the right to use services by the User contained herein or any other services of COMPANY , shall be deemed to constitute a partnership between the User and COMPANY and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Updation Of The Information By COMPANY
User acknowledges that COMPANY provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the COMPANY sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as COMPANY notices them. Changes are/may be periodically made/added to the information provided such. COMPANY may make improvements and/or changes in the COMPANY services at any time without any notice to the User. Any advice received except through an authorized representative of COMPANY via the COMPANY sales channels should not be relied upon for any decisions.
Modification Of These Terms Of Use
COMPANY reserves the right to change the terms, conditions, and notices under which the COMPANY services are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Jurisdiction
COMPANY hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. COMPANY considers itself and intends to be subject to the jurisdiction only of the courts of Ghaziabad of U.P., India.
Responsibilities Of User Vis-À-Vis The Agreement
The User expressly agrees that use of the services is at their sole risk. To the extent COMPANY acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall COMPANY be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. COMPANY may change the features or functionality of the services at any time, in their sole discretion, without notice. COMPANY expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from COMPANY or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the COMPANY pages or otherwise use any of the contents, pages, information or any other material provided by COMPANY . The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying COMPANY in writing