This document sets out the terms on which Kraken Ventures Limited (‘Kraken’) provides you with access to www.kraken.travel (‘Site’) (‘Terms’). Please read these Terms carefully before using the Site. You acknowledge that by using the Site (wholly or partly) in any way, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to use the Site and/or place your order for any of the holidays, trips, experiences or courses made available for purchase (‘Products’) using the Site.
You are advised to retain a copy of these Terms for your reference.
1. INFORMATION ABOUT KRAKEN VENTURES LIMITED AND THE SITE
1.1 The Site is owned and managed by Kraken Ventures Limited, a company registered in England and Wales with the company registration number 08504691.
1.2 Kraken provides you with the facility to view, browse and make purchase of the Products from the operators (‘Operator(s)’ or ‘Seller(s)) using the Site. You understand and agree that the Products are not supplied by Kraken nor does Kraken participate in any part of the sale and purchase transaction between you and the Operators. Kraken acts as a venue to allow users who comply with Kraken’s policies to offer, sell, and buy the Products. Kraken is not directly involved in the transaction between you and Operators other than in its role as disclosed agent. Consequently, you further acknowledge and agree that any contracts for the purchase of the Products shall be strictly between you and the Seller of that Product.
1.3 Kraken shall be entitled at its own discretion to suspend the Site for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Site.
1.4 Kraken reserves the right to make any changes to the Site including any functionalities and content therein or to discontinue any aspect of the Products or features of the Site therefor without notice.
2. PRELIMINARY INFORMATION
2.1 In order to use to the Site, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old and above; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
2.2 Subject to the provisions herein, you may access all functionalities available on the Site, including without limitation, browsing the Site and the Products advertised and purchasing the Products.
3. FORMATION OF CONTRACT
3.1 The date of commencement of your Contract with Kraken shall begin upon your first use of the Site and such Contract shall be effective and in force until terminated by either party in accordance with clause 4 of these Terms.
3.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to refuse you access to the Site (partly or wholly).
4. TERM AND TERMINATION
4.1 Unless otherwise expressly set out to the contrary herein, Kraken’s Contract with you shall remain in force for the duration in which you access the Site, having use of certain features and functionalities therein.
4.2 Kraken may suspend or terminate your access to the features and functionalities of the Site in the event that:
4.2.1 third party services and network providers cease to make the third party service or network available to Kraken;
4.2.2 Kraken believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Site (in whole or in part);
4.2.3 Kraken believes that you have provided it with any false, inaccurate or misleading information; or
4.2.4 Kraken believes that you are in the business of re-selling, promoting the Products or any aspect of the Site for resale or if you are otherwise engaged in all other similar activities.
4.3 Upon termination of your Contract with Kraken, your access to the features and functionalities of the Site (in whole or in part) shall cease.
5. YOUR OBLIGATIONS
5.1 You agree that you are solely responsible and liable for all activities on the Site.
5.2 You agree that to the extent you are able to make submissions on the Site, you shall not submit to appear on the Site, any review, comment, link or other material whatsoever (‘User Submissions’) that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
5.2.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.2.2 harass or advocate harassment of another person;
5.2.3 display pornographic or sexually explicit material;
5.2.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
5.2.5 promote any illegal activities;
5.2.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
5.2.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
5.2.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes; or
5.2.9 infringe any rights of any third party.
5.3 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Site, but agree that Kraken may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Site and hereby grant to Kraken a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
5.4 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Site.
5.5 You hereby grant to Kraken a non-exclusive, irrevocable licence to make your User Submissions available to the Seller and other users of the Site and to edit your User Submissions in the event that Kraken deems it necessary or desirable to do so for any reason.
5.6 If you feel that any User Submission made by the Operators and/or other users is objectionable, you are encouraged to contact Kraken using the contact details as set out on the Site. Kraken shall use its reasonable endeavors to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
5.7 You further agree that at all times, you shall:
5.7.1 not use the information presented on the Site for any purposes other than those expressly set out in these Terms;
5.7.2 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Site or in respect of the network;
5.7.3 not use the Site, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
5.7.4 not use any information obtained using the Site otherwise than in accordance with these Terms;
5.7.5 comply with all instructions and policies from Kraken from time to time in respect of the Site;
5.7.6 co-operate with any reasonable security or other checks or requests for information made by Kraken from time to time; and
5.7.7 use the information made available to you on the Site at your own risk.
5.8 In the event that Kraken, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 5, Kraken shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Site and in the case of illegal use, the instigation of legal proceedings as appropriate.
5.9 Without prejudice to any of Kraken’s other rights and remedies, Kraken reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 6.
6. YOUR CONTRACT WITH THE SELLER
6.1 If you wish to purchase any Product advertised on the Site, you may finalise the purchase of the Product with Kraken acting as disclosed agent for the Seller.
6.2 You acknowledge and agree that Kraken only provides you with the facility to browse the content of the Site, make User Submissions and to purchase the Products from the Seller using the Site. Consequently, you understand that Kraken is not a participant in any way, in the sale and purchase process between you and the Seller other than in its capacity as disclosed agent of the Seller.
6.3 You further acknowledge and agree that your purchase of the Product shall be governed by a contract between you and the Seller on the Seller’s terms of business and Kraken shall not be liable in any way and for any reason whatsoever in respect of the contract between you and the Seller for the purchase of the Product.
6.4 If you are unsure about the terms of the contract between you and the Seller for the purchase of the Product, Kraken recommends that you seek legal advice prior to your purchase and/or use of the Product.
7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Site and the Product, are hereby expressly excluded to the fullest extent permissible by law.
7.2 All information made available to or accessible by you using the Site or in respect of the Product including any User Submission or editorial materials provided by Kraken or any third party are provided ‘As Is’ without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
7.3 You acknowledge that Kraken shall have no control over the quality, price, or legality of the Products offered including without limitation any of the information provided by the Operators in respect of the transaction for the sale and purchase of the Product. Kraken does not vet, review, screen or verify any such information made available on the Site by the Operators. Accordingly, Kraken shall not be liable to you for any inaccuracies in respect of the information relating to a Product, the price of the Product or your transaction with the Seller.
7.4 Nothing in these Terms shall limit or exclude Kraken’s liability in respect of:
7.4.1 death or personal injury resulting from negligence; or
7.4.2 any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Kraken.
7.5 Subject to clause 7.4, Kraken shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Site and the contents therein.
7.6 Links to third party websites may appear on the Site. Such third party websites are not the responsibility of Kraken and Kraken accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
7.7 Unless otherwise expressly set out to the contrary in these Terms, Kraken’s liability to you in connection with your use of the Site and the contents therein shall be strictly limited to £100.
7.8 In the event you have a dispute with one or more of the Operators, you hereby release Kraken from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Kraken and its licensors own all rights in the intellectual property rights relating to the Site.
8.2 You are expressly prohibited from:
8.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Site including without limitation, any images in any format of the Products and submissions in the form of articles and write-ups made available on the Site; and
8.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Kraken and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Kraken or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Kraken.
8.3 For any queries in respect of the intellectual property rights relating to the Site and the Products, please consult our Intellectual Property Policy available on the Site.
10.1 If Kraken fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by Kraken of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by Kraken of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.4 All notification and communication to Kraken should be sent to the contact details made available to you on the Site.
10.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
10.6 These Terms represent the entire agreement between you and Kraken in respect of your use of the Site and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Site, the Internet or in negotiation between us except as expressly set out in these Terms.
10.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.
11. CANCELLATION, AMENDMENT AND REFUND POLICY
Each Seller on Kraken’s marketplace has his or her own policy as to cancellations, refunds and amendments. Please be sure to check those policies by looking at the terms and conditions of the Seller before booking one of their Products
12. CONTACT DETAILS