Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website mcmillanelitetravel.com (“our site”), including the content standards that apply when you upload content to our site, link to our site or interact with our site in any other way. References to the site are deemed to include derivatives, including but not limited to linked websites and applications, whether accessed by mobile phone, tablet or other device.

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

By using our site, you warrant that you have capacity to enter into a legally binding contract (including being at least the required age to have capacity in your country) and that you will only use our site to make legitimate reservations.

WHAT SERVICES DO WE PROVIDE?

Our site assists you in gathering travel information, determining the availability of travel-related services, flight arrangements, making legitimate bookings or reservations, transacting with travel suppliers, and dealing with customer service requests.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. We will note the date that amendments were last made at the top of these terms, and any amendments will take effect upon posting. If you are a registered user of our site we will notify you of material changes to these terms by either sending a notice to the email address associated with your account or by placing a notice on our site. If you disagree with the updated terms, please stop using our site. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

The provision of our site is reliant on the internet and devices. You fully understand and agree that we will not be liable for any losses suffered by you as a result of our site not being available due to events, circumstances or causes beyond our reasonable control, including but not limited to internet, system or device instability, computer viruses and hacker attacks.

You are responsible for providing the necessary equipment (including but not limited to an appropriate device and internet connection) and ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT DETAILS

You warrant that all account information supplied by you is true, accurate, current and complete.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You fully understand and agree that we will not be liable for any losses suffered by you as a result of you failing to treat such information as confidential.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all patents, copyright, trademarks, business names and domain names, rights in designs, rights in computer software, database rights and all other intellectual property rights, in each case whether registered or unregistered, in our site. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This site may include information and materials uploaded by other users of the site, including discussion forums, bulletin boards and review services. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We expressly exclude our liability for any loss or damage arising from the use of any interactive area by a user in contravention of our content standards below.

DISCLAIMER

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. MUCH OF THE INFORMATION ON OUR SITE HAS BEEN PROVIDED BY THE RELEVANT SUPPLIERS AND/OR USERS OF OUR WEBSITE WHO HAVE PROVIDED REVIEWS OF THE SERVICES. WE WILL ENDEAVOUR TO ENSURE THAT THE INFORMATION IS ACCURATE AND COMPLETE HOWEVER, TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF THE INACCURACY OR INCOMPLETENESS OF THE INFORMATION. DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF YOU BOOKING ANY TRAVEL SERVICES ON THIS SITE, PHONE, OR EMAIL, WHICH WILL BE SET OUT IN OUR BOOKING TERMS AND CONDITIONS WHICH CAN BE ACCESSED USING THE LINK ABOVE. NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ARE GIVEN BY US IN RESPECT OF ANY INFORMATION WHICH IS PROVIDED TO YOU ON THIS SITE AND ANY SUCH REPRESENTATIONS, WARRANTIES OR CONDITIONS ARE EXCLUDED, SAVE TO THE EXTENT THAT SUCH EXCLUSION IS PROHIBITED BY LAW. PLEASE NOTE THAT WE ONLY PROVIDE OUR SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL IN ALL CIRCUMSTANCES BE LIMITED TO ONE THOUSAND (1,000) DOLLARS.

DISCLAIMER OF LIABILITIES

The material and information contained on this website such as suggestions, ads, eBooks or any other type of content is for general information purposes only. You should not rely upon the material or information on the website as a basis for making any business, legal or any other decisions.

Whilst we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

We will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website.

 

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY US

You are responsible for any losses suffered by us as a result of any use by you of our site which is not in accordance with these terms.

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention with these terms.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.
  • Not interfere or attempt to interfere with the normal operation of our site or any activity that is conducted on our site.
  • Not to take any action that would result in an unreasonably large data load on our site’s network.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (“Contribution”).

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, at our discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • Be relevant to your own travel (accommodation, restaurant, airlines, transportation, location or general travel experiences).
  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in any country from which it is posted. A Contribution must not:
  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or any other intellectual property right of any other person.
  • Be likely to deceive any person. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Breach any applicable minor protection laws and regulations.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.
  • Endanger national security or leak state secrets. We have no obligation to post your Contributions, and we reserve the right in our absolute discretion to determine which Contributions are published on our site.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of and display such content in connection with the services provided by the site and across different media, including the use of such content to promote the site and/or the services. You also grant us the right to take legal action against any infringement of your or our rights in the content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

CURRENCY CONVERSIONS

The currency rates on our site are based on various sources and are provided as a guideline only. The provider of the account you pay with may use an alternative currency rate which you are responsible for confirming.

BREACH OF THESE TERMS OF USE

Failure to comply with these terms of use may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Copyright along with DMCA

The entire content included in this site, including text, graphics, web design, text, graphics and their arrangement and selection along with the source code and software or code is copyrighted as a collective work under the Digital Millennium Copyright Act, United States and other international copyright laws, and is the property of mcmillanelitetravel.com. The collective work includes works that are licensed to mcmillanelitetravel.com. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with [website name] or purchasing our products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by mcmillanelitetravel.com.

You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Copyright Infringement and Digital Millennium Copyright Act Policy

We respect the intellectual property rights of others. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of our or other party’s copyrights or other intellectual property rights.

In case your intellectual property is being used on the website in a way that constitutes copyright infringement, please provide our designated agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

  • Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
  • Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user who posted the material that we have removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
  • If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
  • Identification of the copyrighted work that was removed, and the location on the website where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification.
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
  • If a counter-notice is received by the designated agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of our or other party’s copyrights or other intellectual property rights.

 

WHICH LAWS APPLY TO ANY DISPUTES?

These terms of use and the provision of all services shall be governed by US law. You and we both agree that the courts of Florida will have exclusive jurisdiction over any disputes in relation to these terms.

GENERAL

If any court or relevant authority finds that part of these terms are illegal, the rest will continue in full force and effect.

Even if we delay enforcing these terms, we may still take steps against you at a later date.