TOD Terms and Conditions of Service Agreement


By using the check flight schedule and/or airfare facility under 'Travel on Demand' (hereinafter called "TOD") under webpage URL http://www.travelondemand.com/, you agree to the following Terms and Conditions of Service. Please read them carefully.

SUMMARY OF TERMS AND CONDITIONS OF SERVICE

You agree to provide true and correct information about yourself in the TOD Terms and Conditions of Service registration form.

You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.

You agree that TIGLION CONSULTANCY COMPANY LIMITED, and their designees may in their sole discretion remove your registration if they believe you have in any way violated the Terms and Conditions of Service.

Please report any violations of the Terms and Conditions of Service to tls@tls2.tiglion.net

ACKNOWLEDGMENT AND ACCEPTANCE OF TOD TERMS AND CONDITIONS OF SERVICE

The TOD service (the "Service"), owned by TIGLION CONSULTANCY COMPANY LIMITED is provided to you ("User") under the terms and conditions of this TOD Terms and Conditions of Service and any amendments thereto and any operating rules or policies (the "Terms and Conditions of Service") that may be published from time to time by TIGLION CONSULTANCY COMPANY LIMITED. This Terms and Conditions of Service comprises the entire agreement between User and TIGLION CONSULTANCY COMPANY LIMITED and supersedes any prior agreements pertaining to the subject matter contained herein. By completing the registration process and clicking the "I accept" button, you are agreeing to be bound by the TOD Terms and Conditions of Service.

USER'S REGISTRATION OBLIGATIONS

In consideration of the use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, TIGLION CONSULTANCY COMPANY LIMITED has the right to remove User's registration and refuse any and all current or future use of the Service.

MODIFICATIONS TO TERMS AND CONDITIONS OF SERVICE

TIGLION CONSULTANCY COMPANY LIMITED may change the TOD Terms and Conditions of Service from time to time.

MODIFICATIONS TO SERVICE

TIGLION CONSULTANCY COMPANY LIMITED reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that TIGLION CONSULTANCY COMPANY LIMITED shall not be liable to User or any third-party for any modification or discontinuance of the Service.

NON-ENDORSEMENT

User acknowledges and agrees that TIGLION CONSULTANCY COMPANY LIMITED do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

USER REGISTRATION, PASSWORD AND SECURITY

User will receive a password after User registration upon completing the registration process. User is responsible for maintaining the confidentiality of the password and registration, and is fully responsible for all activities which occur under User's password or registration. User agrees to immediately notify Tiglion Consultancy Company Limited of any unauthorized use of User's password or registration or any other breach of security.

USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use of the Service by other Users. User agrees to be solely responsible for the contents of User's transmissions through the Service.

User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong.

User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit commerced and advertising message.

INDEMNITY

User agrees to indemnify and hold TIGLION CONSULTANCY COMPANY LIMITED and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the TOD Service, or User's violation of any rights of another.

DISCLAIMER OF WARRANTIES

User expressly agrees that use of the service is at user's sole risk. The service is provided on an "as is" and "as available" basis.

TIGLION CONSULTANCY COMPANY LIMITED expressly disclaim 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.

TIGLION CONSULTANCY COMPANY LIMITED make no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error free; nor does TIGLION CONSULTANCY COMPANY LIMITED make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data.

TIGLION CONSULTANCY COMPANY LIMITED make no warranty regarding any goods or services purchased or obtained through or from the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by user from TIGLION CONSULTANCY COMPANY LIMITED or through or from the service shall create any warranty not expressly stated herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

User agrees that TIGLION CONSULTANCY COMPANY LIMITED shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if TIGLION CONSULTANCY COMPANY LIMITED has been advised of the possibility of such damages.

User further agrees that TIGLION CONSULTANCY COMPANY LIMITED shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

TERMINATION

User agrees that TIGLION CONSULTANCY COMPANY LIMITED may remove User's registration and terminate User's password or use of the Service if TIGLION CONSULTANCY COMPANY LIMITED believes (a) that User has violated or acted inconsistently with the letter or spirit of the TOD Service, or (b) that User has violated the rights of TIGLION CONSULTANCY COMPANY LIMITED or other Users or parties. User further agrees that TIGLION CONSULTANCY COMPANY LIMITED can remove User's registration and terminate User's password or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by TIGLION CONSULTANCY COMPANY LIMITED from time to time.

User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreeement may be effected without prior notice, and acknowledges and agrees that TIGLION CONSULTANCY COMPANY LIMITED may immediately delete User's registration and bar any further access to such application or the Service.

The TOD System and software product are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. In no event will "TIGLION CONSULTANCY COMPANY LIMITED" ("TIGLION CONSULTANCY") nor "TIGLION TRAVEL SERVICES COMPANY LIMITED" ("TIGLION TRAVEL") or any other associated parties assumes any liability for any damages, including without limitation, incidental or consequential damages, damages for loss of business profits, business interruptions, loss of business information, and whatsoever other damages, arising from the use of, or any instance of failure or malfunction of, the TOD system.

By continuing proceeding to use TOD Service, you acknowledge that you have read this disclaimer notice, understand it and agree to be bound by its terms as the complete and exclusive statement of the agreement between the User and Tiglion Consultancy, superseding any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this disclaimer notice.

ACCURACY AND CHANGES

The information contained in this web site may be altered, updated and otherwise changed from time to time with or without notice. Nevertheless, these changes will affect fares, prices, duration of packages, flight schedules, itineraries, hotels reserved, and other or related contents, etc. Continued use of this web site following changes made shall constitute acceptance of such changes. Please check update information with us via e-mail: travel@tls2.tiglion.net, tel. no. 852-25117189 or fax no. 852-25197296.

DATA TRANSMISSION

Information and data sent to TIGLION CONSULTANCY and/or TIGLION TRAVEL is transmitted at the sole discretion and risk of the user, we will assume no liability for interception of such transmissions. TIGLION CONSULTANCY and/or TIGLION TRAVEL reserves the right to revise, with or without notice, the terms and conditions contained herein. You shall be responsible for reviewing such terms and conditions regularly before you use this web site or make registration requests. Continued use of this web site following changes made shall constitute acceptance of such amended terms and conditions.

LINKS

This web site may contain links to other sites maintained by third parties, which are provided solely for your convenience. TIGLION CONSULTANCY and/or TIGLION TRAVEL is not responsible for and does not operate or control any information or services provided on such third party sites.

ACCESS

TIGLION CONSULTANCY and/or TIGLION TRAVEL may, with or without notice and at its sole discretion and without liability, terminate, cease to provide, or restrict user's access to this web site and any part or all of the information provided or to be provided under TOD Service.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

NOTICE

Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the TOD Service or other matters by displaying notices to Users generally on the Service.

GOVERNING LAWS

This agreement shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any principles of conflicts of law. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Except for equitable relief sought by TIGLION CONSULTANCY and/or TIGLION TRAVEL, which may be sought in any court of competent jurisdiction, user consents to the exclusive jurisdiction of the Hong Kong courts.

The relationship between User and TIGLION CONSULTANCY COMPANY LIMITED shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. User and TIGLION CONSULTANCY COMPANY LIMITED agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong.

The failure of TIGLION CONSULTANCY COMPANY LIMITED to exercise or enforce any right or provision of the TOD Service shall not constitute a waiver of such right or provision. If any provision of the TOD Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOD Service remain in full force and effect.

The section titles in the TOD Terms and Conditions of Service Agreement are for convenience only and have no legal or contractual effect.

COPYRIGHT

The TOD system and software product and the information contained in the TOD System is owned by TIGLION CONSULTANCY and is copyrighted, and all rights are reserved by TIGLION CONSULTANCY COMPANY LIMITED. You must treat the TOD System like any other copyrighted material (e.g. a book or musical recording). Any attempt of replication of the system and the software product and the data by any means are strictly prohibited.

By using the Service, the User agrees to grant Tiglion Consultancy Company Limited all copyrights in respect of the publicity and publishing, including electronic and any other means, for the content, information and the materials contained therein which User provides for public posting.

TIGLION CONSULTANCY'S PROPRIETARY RIGHTS

User acknowledges and agrees that all copyrights in respect of the publicity and publishing, including electronic and any other means for the content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material for the TOD Service are granted and transferred to TIGLION CONSULTANCY COMPANY LIMITED at Room 902, Yue Xiu Building, 160-174 Lockhart Road, Hong Kong with no fees or costs chargeable to Tiglion Consultancy Company Limited.

PAYMENT

All transaction payments through TOD Travel On Demand System must be received and validated at Tiglion Travel Services Company Limited before any purchase process is effected and concluded.

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Last modified 16th January, 1999
Copyright (c) 1997 - 1999. Tiglion Consultancy Company Limited. All rights reserved.


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Tiglion Consultancy Company Limited
Rm. 902 Yue Xiu Building, 160-174 Lockhart Road, Wanchai, Hong Kong.
Email:travel@travel.com.hk Tel. No. 852-25117189 Fax. No. 852-25197296
Website http://www.travel.com.hk
Last modified 14 July 1999
Copyright (c) 1996 Tiglion Consultancy Company Limited. All rights reserved.