TERMS OF USE

P&M Ltd operates the Amphibious Adventure Travel website and may also be referred to hereinafter as “us”, “we”, or “our”). Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Amphibious Adventure Travel website (the “Website”) or the activities and excursions (the “Services”) advertised, recommended, or sold on the website and/or through its affiliates and partners. The website is hosted under the domain names www.amphibiousadventures.org and www.amphiboustravel.com and its contents may also be disseminated to other website services which will continued to be bound by these Terms of Use.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website and Services.

By accessing or using the Website and/or the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Website or use the Services.

Communications

By contacting us and/or creating an Account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Additional Interpretation

In this Terms of Use the following means:

Images’ – means photographic images, drawings, sketches, or diagrams.

Documents’ – means documents, tables, charts, maps, e-booklets, scientific papers, or brochures; generally made available for download.

Material’ – means all words, pages, Images, Documents, logos, or Apps

 

Copyright Notice

Copyright (©) 2021 Amphibious Adventure Travel. Subject to the express provisions of this copyright notice and copyright licence:

  • we, together with our licensors, which include but are not limited to, Kim Mortimer Photography, Kim Mortimer Publishing, and Dreamstime, own and control all the copyright and other intellectual property rights in our website and the Material on our website; and
  • all the copyright and other intellectual property rights in our website and the Material on our website are reserved.

 

Copyright License

You may:

  • view pages from our website in a web browser;
  • download pages from our website for caching in a web browser;
  • download from our website Documents that are made specifically available for download;
  • print pages and Documents from our website;
  • stream audio and video files from our website; and
  • use our website services by means of a web browser,

Except as expressly permitted by the other provisions of this notice, you must not download any Images from our website or save any such Images to your computer, save for those embedded in downloadable Documents.

You may only use our website for your own personal purposes and you must not use our website for any other purposes. Except as expressly permitted by this notice, you must not edit or otherwise modify any Material on our website.

Unless you own or control the relevant rights in the Material, you must not republish Material from our website (including republication on another website), show any Material from our website in public, redistribute Material from our website, save to the extent expressly permitted by this notice without providing full credit to www.amphbiousadventures.org and/or its licensors, and acknowledging of the source of the content.

You must not sell, rent or sub-license Material from our website or exploit Material from our website for a commercial purpose.

Enforcement of Copyright

We take the protection of our copyright very seriously. If we discover that you have used our copyright Materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those Materials. You could also be ordered to pay legal costs.

Permissions

You may request permission to use the copyright Materials on our website by writing to us by email using the contact details or contact form published on the website.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us.

Amphibious Adventure Travel has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Amphibious Adventure Travel shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Amphibious Adventure Travel  and our parent and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, b) your use and access of the Services, or c) a breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Limitation of Liability

In no event shall P&M Ltd , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Liability Release and understanding of risk.

You understand the purpose of this document is to exempt P&M Ltd and release it employees, its agents and its assets whether owned, leased or chartered and to hold these entities harmless from any and all liabilities arising as a consequence of the following, or any other acts of omissions on their part.

You understand that there are inherent risks involved with boating, snorkeling, sailing, bicycling, kayaking, paddle boarding, caving, driving in a motor vehicle, flying or any other Services advertised on the Website including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and you hereby assume such risks.

You assert that if you elect to participate in any of the Services that are either advertised on this website, or recommended, or sold by Amphibious Adventure Travel, that you will be physically fit to ride on a boat and/or go snorkeling and/or go sailing and/or go kayaking and/or go paddle boarding and/or go walking and/or ride in a motor vehicle and/or fly in an airplane and I will not hold Amphibious Adventure Travel, or their parent, employees, agents, or other personnel responsible if you am injured as a result of any problems (medical, accidental, or otherwise) which occur while boating, sailing, snorkeling, kayaking, paddle boarding, caving, flying or otherwise participating in any of the Services.

You understand that you have duty to exercise reasonable care for your own safety and you agree to do so.

You fully understand that the boats, guides, vehicles, and airplanes have limited first aid facilities and that in the event of illness or injury that occurs whilst participating in any of the Services, appropriate medical care must be summoned by radio or cellular phone and treatment will be delayed until you can be transported to a proper medical facility.

You understand that no representations have been made to you, implied or otherwise, that the guides, captains, crew or agents can or will perform safe rescues or render first aid.  In the event that you show signs of distress or call for aid, you assert that would like assistance and will not hold Amphibious Adventure Travel, their staff or other participants responsible for their actions in attempting to perform a rescue or first aid.

Disclaimer

Your use of the Website and the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, guarantee of safety, fitness for a particular purpose, non-infringement, or course of performance.

The information contained in this website is for general travel and excursion information purposes only. The information is provided by Amphibious Adventure Travel (and/or its editors, contributors, or third parties) and while we endeavour to provide up to date and accurate information, 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 images and graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk and common sense should be adopted in following any of the advice or suggestions contained within.

In no case shall P&M Ltd , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products or services procured using the Website, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, perils of the sea, any errors or omissions in any content, or any loss, injury or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

Through this Website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of all the views expressed within them or the content they contain.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Turks and Caicos Islands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and Services and supersede and replace any prior agreements we might have had between us regarding the Website and Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Acceptable Use

You must not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 Report abuse

If you learn of any unlawful Material or activity on our website, or any Material or activity that breaches this notice, please let us know. You can let us know about any such Material or activity by email.

This document was created in part using a template from SEQ Legal http://www.seqlegal.com)