1. About this Website
This is a website operated by Abercrombie & Kent LLC ('A&K') under the domain name 'www.abercrombiekent.com' (hereinafter referred to as the 'website').
3. Your Access/Use Implies Agreement
Please note: the services advertised on the website cannot be booked by individuals under the age of 18. You must be at least 18 years of age at the time of booking and have the legal capacity and authority to book the services.
4. Certain Other Actions Imply Agreement to Additional Terms
If you are a consumer and you are making a booking with us, our Booking Terms and Conditions will apply to that booking.
If you are a business user and you have an agreement/contract in place with A&K, the terms of that agreement/contract will apply.
5. Limited License
A&K is the owner or the licensee of all intellectual property rights in and on the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
A&K grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:
(a) access and use the website, content and services only; and
(b) access and use the website, content and services in the manner presented by A&K only.
None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of A&K. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by A&K.
6. Outbound Links
The website may contain links to third-party websites and resources (hereinafter referred to as 'linked sites'). These linked sites are provided solely as a convenience to you and not as an endorsement by A&K of the content on such linked sites. A&K makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. A&K is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site’s own privacy notice. A&K recommends that you review such terms before using the linked site. To the fullest extent possible at law, A&K makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties A&K may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the A&K website.
7. Inbound Links
A&K generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and A&K. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and A&K that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available therein is prohibited from:
(a) replicating content, and/or
(b) using a browser or border environment around the content, and/or
(c) implying in any fashion that A&K is endorsing it or its products, and/or
(d) misrepresenting any state of facts, including its relationship with A&K, and/or(e) presenting false information about A&K products or services, and/or(f) using A&K logo(s) or trademark(s) without express written permission from A&K.
A&K reserve the right to withdraw linking permission without notice.
8. Modifications to the Terms
9. Modifications to the Information
While A&K has made every effort to ensure that information on the website is free from error, A&K does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of A&K. A&K recommends that you seek independent advice before acting upon material on this website.
A&K may suspend, withdraw or restrict the availability of all or any part of the website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10. A&K May Transfer This Agreement to Someone Else
A&K may transfer our rights and obligations under these terms to another organisation.
11. Your Account
If 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 and not disclose it to any third party.
12. Errors and Problems
While A&K has made every effort to ensure that systems and information available on the website is and shall be free from error, A&K does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
You must not misuse the website, including by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offence. A&K will report any such breach to the relevant law enforcement authorities and A&K will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
13. A&K'S Privacy Notice
The A&K Privacy Notice governs the use of information collected from or provided by you at the website. A&K will only use your personal information as set out in our Privacy Notice.
While not refusing to accept ideas from you regarding information available on the website (hereinafter called 'comments') A&K does not encourage you to make such comments. If you do send such comments, you acknowledge that:
(a) they will not be considered confidential or proprietary, and
(b) A&K is under no obligation to keep such information confidential, and
(c) A&K will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
15. Disclaimer of Warranties
To the fullest extent permitted by law A&K makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
16. Limitation of Liability
Whether you are a consumer or business user:
A&K do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by A&K’s negligence or the negligence of A&K employees, agents, subcontractors and for fraud or fraudulent misrepresentation.
If you are a consumer:
Different limitation and exclusions of liability will apply to liability arising as a result of any products or services to you, which will be set out in our Booking Terms and Conditions.
A&K only provide the website for domestic and private use. You agree not to use the website for any commercial or business purposes, and in no event shall A&K be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
If you are a business user:
Different limitation and exclusions of liability will apply to liability arising in accordance with any agreement / contract you have in place with A&K.
A&K exclude all implied conditions, warranties, representation or other terms that may apply to the website or any content on it. A&K will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In no event shall A&K be liable for any loss of profits, sales, business or revenue, business interruptions, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
18. Customer Service
Questions or comments regarding the website may be submitted to [email protected]