PersiaPort Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
Last updated July 23, 2016
TERMS AND CONDITIONS
You are contracting with PersiaPort SAS, hereinafter referred as PersiaPort. PersiaPort provides an online platform that connects Service Providers who have services to sell to Users who are seeking to book such services (collectively, the “Services”) and also provides Contents (defined below) which Contents and Services are accessible at persiaport.com and any other Web Site s through which PersiaPort makes the Contents and Services available (collectively, the “Web Site ”) By using the Web Site , you agree to comply with and be legally bound by the terms and conditions ("Terms"), whether or not you become a registered user of the Web Site. These Terms govern your access to and use of the Web Site and all Content defined below and constitute a binding legal agreement between you and PersiaPort. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Web Site.
If you accept or agree to these Terms on behalf of a legal entity, you represent and concent that you have the authority to bind that legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that legal entity.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEB SITE , OR BY DOWNLOADING OR POSTING ANY CONTENT FROM THE WEB SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND AGREE TO BE BOUND BY THESE TERMS . IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEB SITE.
“Contents” means all Content that PersiaPort makes available through the web site or other communication channels such as email, online chat including any Content licensed from a third party such as text, graphics, images, music, software, audio, video, information or other materials.
“Service Request Period” means the time period starting from the time when a Service is requested by a User (as determined by PersiaPort in its sole discretion), within which a Service Provider may decide whether to confirm or reject that Service request, as stated on the Web Site. Different Service Request Periods may apply for different services.
“User” means a Person who uses the Web Site or requests from a Service Provider a Service or purchase a product via the Web Site.
“Service Provider” means a Member who creates a Service/Product Listing via the Web Site.
“Listing” means a service or a product that is listed by a Service Provider.
“Member” means a person or a legal entity such as traveling agency who completes PersiaPort’s account registration process, including but not limited to Service Providers and Users.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Web Site.
“Tax” or “Taxes” mean any sales taxes or value added taxes.
User Fees” means the amounts that are due and payable by a User in exchange for that User’s consumption of a Service. The Service Provider alone, and not PersiaPort, determines these amounts. The Service Provider may in his or her sole discretion decide to include in these amounts Taxes that the Service Provider determines to collect.
“Service Provider Fees” means the fee that PersiaPort charges a Service Provider for the use of its online platform, which is calculated as a percentage of the applicable Service Fees.
“Total Fees” means collectively the “Service Provider Fees” and the “User Fees” (plus any Taxes in respect of User Fees, such as VAT in Europe).
“Booking fees” means the fee that user pays to book a service. Booking fees is a fraction of “Total Fees” for example 30% of “Total Fees”.
THE WEB SITE COMPRISE AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS MAY CREATE LISTINGS FOR SERVICE S AND USERS MAY FINDOUT ABOUT AND BOOK SERVICE S DIRECTLY WITH THE SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT PERSIAPORT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROIVERS AND USERS. PERSIAPORT HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROVIDERS, USERS AND OTHER USERS OF THE WEB SITE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Modification of Terms and Conditions
PersiaPort reserves the right, at its sole discretion, to alter or modify the Web Site or to modify these Terms at any time without advanced notice. After modification of these Terms, the date of modification will be updated at the top of these Terms. By continuing to use or access the Web Site after a modification on the Web Site, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to stop using the Web Site.
Web Site Functionality
The Web Site has different functionalities including but not limited to the following:
Explore : Is an online searching tool in the Web Site which User is able to search contents based on predefined preferences.
Booking Services: the Web Site Provides online booking for the Services which have been listed by Service Providers.
Commenting, Voting and Feedback: using this functionality, user is able to provide feedback or Vote about certain indicators available for Contents in the Web Site. Comments, feedback or votes will be available after automated or manual moderation.
You may use Explore functionality of the Web Site, view Listings or purchase services as an unregistered visitor to the Web Site; however, if you wish to comment, give feedback or vote for Contents, you must first subscribe to create a PersiaPort Account.
PersiaPort makes available an online platform or marketplace with related technology for Service Providers and Users to list and purchase Services directly. PersiaPort is not an owner or operator of Service s, including, but not limited to visa authorization, insurance, photo stock, hotel rooms, Travel packages and Handicraft.
Unless explicitly specified otherwise in the PersiaPort Web Site, PersiaPort’s responsibilities are limited to: (i) keep the Web Site up and running (ii) serving as an intermediary between you and the Service Provider s.
PLEASE NOTE THAT, AS STATED ABOVE, PERSIAPORT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICE S. ACCORDINGLY, ANY SERVICE S WILL BE BOOKED AT THE USER’S OWN RISK.
Privacy and cookies
PersiaPort respects your privacy. Please visit our privacy and cookies policy for further information.
In order to access certain features of the Web Site, you might subscribe to create an account (“PersiaPort Account”) and become a Member.
You may subscribe to join the Services directly using the Web Site.
You can also subscribe by logging into your account with certain third-party social network Web Sites (Google and Facebook; each such account, a “Third-Party Account”), via the Web Site, as described below. As part of the functionality of the Web Site, you may link your PersiaPort Account with Third-Party Accounts. You agree to provide accurate, current and complete information during the subscription process and to update such information to keep it complete. PersiaPort reserves the right to suspend or terminate your PersiaPort Account. You are responsible for safeguarding your password.
PersiaPort does not endorse any Service Provider. You understand that texts, visual contents including Images, Videos are intended only to indicate a representation of the Content at the time the Content was prepared. Text and Visual contents are therefore not an endorsement by PersiaPort of any Content in the Web Site and are not contractually binding.
Service Provider s and Financial Terms
The Service Providers, not PersiaPort, are solely responsible for honoring any confirmed Service s and making available any Service s reserved through the Web Site. If you, as a User, choose to enter into a transaction with a Service Provider for the Service, you agree and understand that you will be required to enter into an agreement with the Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Service Provider. You acknowledge and agree that you, and not PersiaPort, will be responsible for performing the obligations of any such agreements, that PersiaPort is not a party to such agreements, and that, with the exception of its payment obligations hereunder, PersiaPort disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that PersiaPort is not a party to the agreement between you and the Service Provider, PersiaPort acts as an intermediary between you and the Service Provider. The Total Fees and Booking Fees payable will be displayed to a User before the User sends a Service request to a Service Provider. The Service Provider is required to either confirm or reject the Service request within the Service Request Period, otherwise the requested Service will be automatically cancelled. If a requested Service is cancelled (i.e. not confirmed by the applicable Service Provider), any amounts collected by PersiaPort will be refunded to such User, depending on the selections the User makes via the Web Site , and any pre-authorization of such User’s credit card will be released, if applicable. You as a User agree to pay for the Total Fees maximum 31 days before the commencement of the requested service if such requested Service is confirmed by the applicable Service Provider. In connection with your requested Service, you will be asked to provide customary billing information such as name, billing address and credit card information if applicable either to PersiaPort or its third-party payment processor(s). You agree to pay PersiaPort for any confirmed Service s made in connection with your PersiaPort Account in accordance with these Terms by one of the methods described on the Web Site , e.g. by credit card, direct debit, payment transfer.
General Service and Financial Terms
Cancellations and Refunds
If, as a User, you cancel your requested Service before the requested Service is confirmed by a Service Provider, PersiaPort will cancel any pre-authorization to your credit card if applicable and/or refund any amounts charged to your credit card in connection with the requested Service within a commercially reasonable time. If, as a User, you wish to cancel a confirmed Service made via the Web Site, either prior to or after consuming the Service, the cancellation policy of the Service Provider contained in the applicable Listing will apply to such cancellation. Our ability to refund the Service Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Web Site. The “Service Provider Fees” is non-refundable regardless of the cancellation policy selected by the Service Provider.
If a Service Provider cancels a confirmed Service made via the Web Site
- PersiaPort will refund the Total Fees for such Service to the applicable User within a commercially reasonable time of the cancellation and
- The User might receive an email or other communication from PersiaPort containing alternative Listings and other related information if applicable. If the User requests a Service from one of the alternative Listings and the Service Provider associated with such alternative Listing confirms the User’s requested Service, then the User agrees to pay PersiaPort the Total Fees relating to the confirmed Service, in accordance with these Terms. If a Service Provider cancelled a confirmed Service and you, as a User, have not received an email or other communication from PersiaPort, please contact PersiaPort at http://persiaport.com/en/general/contact-us
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment by you, so that you end up receiving or paying the correct amount.
When you book international travel reservations with Service Providers or plan international trips using the Web Site, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order. For passport and visa requirements, please consult the relevant embassy or consulate for information. Requirements may change at any time. Be sure to check for up-to-date information before booking and departure. You are responsible to review travel prohibitions, warnings, announcements and advisories issued by your Government and Service Provider’s government prior to booking any Service.
The Web Site including Content are protected by copyright, trademark, and other laws of France, European Union and foreign countries. You acknowledge and agree that the Web Site, including all associated intellectual property rights, are the exclusive property of PersiaPort. If you feel any part of the Web Site violates your rights, please contact PersiaPort at email@example.com
Subject to your compliance with the terms and conditions of these Terms, PersiaPort grants you a limited, non-exclusive, non-transferable license, to (i) access and view any PersiaPort Content solely for your personal and non-commercial purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Web Site , Services , except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PersiaPort or its licensors, except for the licenses and rights expressly granted in these Terms.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of PersiaPort used herein are trademarks or registered trademarks of PersiaPort. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
IF YOU CHOOSE TO USE THE WEB SITE, YOU DO SO AT YOUR SOLE RISK. EACH FUNCTIONALITY IN THE WEB SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL PERSIAPORT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE USE OF WEB SITE. . PERSIAPORT MAKES NO WARRANTY THAT THE WEB SITE, CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICE S WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PERSIAPORT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICE S.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PERSIAPORT OR THROUGH THE WEB SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH, ANY SERVICE PROVIDER OR USER. YOU UNDERSTAND YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH SERVICE PROVIDERS OF THE WEB SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, USERS AND SERVICE PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PERSIAPORT PERSIAPORT ACT SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THE SERVICE PROVIDER. PERSIAPORT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PERSIAPORT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PERSIAPORT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEB SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEB SITE , CONTENT OR SERVICE S FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEB SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERSIAPORT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PERSIAPORT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEB SITE INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE THE WEB SITE AND IN CONNECTION WITH ANY SERVICE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICE S VIA THE WEB SITE.
By using the Web Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from PersiaPort with respect to such actions or omissions.
You agree to release, defend, indemnify, and hold PersiaPort and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Web Site , or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) usage of a Service , or (iii) creation of a Listing; (d) the use, of a Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use of a Service.
These Terms constitute the entire and exclusive understanding and agreement between PersiaPort and you regarding the Web Site, Content and any Service s or Listings of Service s made via the Web Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PersiaPort and you regarding Service s or listings of Service s, the Web Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without PersiaPort’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PersiaPort may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
This Agreement is governed by the laws of France.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with French law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in France.
PersiaPort SAS is a private limited liability company, incorporated under the laws of France and having its address at 4 rue Etienne richerand, 69250 Albigny sur Saone and registered with the trade register of the Chamber of Commerce in Lyon under registration number 820 620 326.
PersiaPort SAS is a certified travel company Registered in France with certification number: Atout France - IM069160012
Professional Liability Insurance provided by: HISCOX EUROPE UNDERWRITING LIMITED, 19 RUE LOUIS LE GRAND, 75002 PARIS, FRANCE
Financial Guaranty Provided by: SCHNEIDER SECURITIES LTD, 4 / 4A BLOOMSBURY SQUARE, WC1A-2RP London, United Kingdom
If you have any questions about these Terms, please contact PersiaPort at info@PersiaPort.com.