Thank you for accessing www.undiscoveredmountains.com ('this Website'). This Website is operated by SARL Undiscovered Mountains France ('UMF', 'we', 'ourselves' or 'us').
The following are the general terms and conditions of the www.undiscoveredmountains.com website managed by UMF (the "Site").
Any access to the Site or use of any feature or service available on the Site (the "Service") by any person shall be subject to these terms of use (the "Terms of Use"). These Terms of Use apply indiscriminately to natural or legal persons, whether or not they are, within the meaning of the preliminary article of the Consumer Code, consumers, professionals or not, including professionals using the Site for commercial or other professional purposes.
As a user or Client, these Terms of Use apply in addition to the Booking Terms and Conditions and the stipulations of the Booking and the Holiday Contract. As a professional, these Terms of Use apply in addition to the contractual provisions applicable under the contract binding UMF and the professional concerned, if there is one. In the event that the terms of the Terms of Use contravene the terms of the relevant contract, the terms of the relevant contract shall prevail. Unless otherwise stated, any new functionality that augments or enhances the Service will be subject to these Terms of Use.
The user acknowledges that he/she uses the Site, its content and the Services at his/her own risk. By accessing and using the Site, the user formalises his/her acceptance without limitation or reservation of these Terms of Use. If the user does not wish to accept the Terms of Use, the user is prohibited from using the Site. By using the Site, the user declares that he/she accepts the terms of UMF's personal data management policy as published on the Site, concerning the use of his/her personal data by UMF. These Terms of Use shall be interpreted and enforced in accordance with French law, and shall be subject to the competent French courts.
The Website, including its content, is protected by copyright and/or other intellectual property rights of UMF. The content of the Website includes content owned or controlled by advertisers, suppliers or other third parties, as well as content licensed to UMF. Any personal descriptions, features, images and other materials on the Site may be subject to copyright protection. All users of the Site agree to abide by any copyright notice relating to the Site. The icons made by Freepik from www.flaticon.com are licensed under CC 3.0 B.
Unless UMF has given its prior written consent, the user shall not allow access to the Site via another site, by hypertext link or otherwise. In order to request UMF's agreement, the user must contact UMF by e-mail at the address '[email protected]'.
The user has no ownership or usage rights to UMF's trade names and trademarks, and the user may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information collected from the Site. The user is only allowed to download on his personal computer for viewing or printing pages of the Site for his personal use and subject to compliance with the Terms of Use. You may not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a warranty, or transfer any rights to the technology or software underlying the Site or the Services. You may not modify the software underlying the Site in any way, or use modified versions of the software, including without limitation for the purpose of obtaining unauthorized access to the Site.
UMF welcomes contributions to the Site (including referrals, requests for new trips, comments, quotes, articles, tips, photos, and general reviews). The user is advised that the Site is accessible in all countries, and by contributing to the Site, the user consents to the content of his or her publication being made available on the Site or on any other site or media at UMF's discretion. The user agrees to use the current and future Services of the Site, including interactive services, chat rooms, news groups, blogs and forums, communities and/or computer communication services (the "Forums"), for the sole purpose of sending and receiving messages and material that are appropriate and related to the Forum used. UMF reserves the right, at its discretion and without prior notice, to edit or reject contributions, automatically change the user's name, remove postings from the Site, and restrict access to the Site, or any combination of these actions.
Without prejudice to the foregoing, the user undertakes not to use the Site for the following actions:
- Defame, abuse, harass, stalk, threaten or otherwise violate applicable law including the rights of third parties
- Publish, disseminate, upload, exchange, distribute or disseminate (collectively "Transmit") any inappropriate, defamatory, illegal, obscene or otherwise objectionable material
- Transmit any file containing viruses, corrupted files or any similar software or programs that may damage or restrict the capabilities of any third party computer systems, the Site, any computer equipment or software, or any telecommunications equipment
- Advertise or offer for sale any goods or services for commercial purposes, except with the written consent of UMF - Transmit surveys, challenges, pyramid schemes, fraudulent e-mails, unsolicited advertising, promotional materials, chain letters
- Download any file that may not be legally obtainable in this way - Falsify or delete any copyright notice, legal notice or mandatory notice, or mandatory notice of source code of the software or other material
- Restrict or inhibit any other user from accessing and enjoying the public pages of the Site - Collect or store personal information of other users
- Interfere with or disrupt the Site or our servers and networks - Impersonate any person, including without limitation a UMF member, or falsely state or otherwise misrepresent your affiliation with another person
- Use fraudulent headers, manipulate false identifiers or other data to disguise the origin of any content transmitted via the Site, or disguise its presence on the Site
- Perform any action that results in an unreasonable or disproportionately large load on UMF's infrastructure
- Take part in any illegal activity
Access to the Site is at the sole initiative of the user, who remains responsible for compliance with applicable local laws. You may not access the Site from any jurisdiction where, for any reason, the publication of or access to the Site or the provision of the Services in whole or in part is prohibited. UMF cannot guarantee that the Site complies with every law of every jurisdiction. Users are advised to seek legal advice of their own choosing if they are in any doubt in this regard and to refrain from using the Site.
UMF does not use any cookies on the Site.
The Site, its content and the Services are published as is, as available at the time the user accesses it. To the extent permitted by applicable law, and without prejudice to any stipulation to the contrary, any express or implied warranty of any kind by UMF is excluded. In particular, UMF does not guarantee in any way that :
- The service is provided in an uninterrupted, fast, secure and error-free manner
- The Site is free of any virus or other disturbing element
- The information and results that may be obtained from the Site or the use of the Services are acceptable to the user or UMF's supplier
- The quality of any products, services, information, or other items purchased or obtained through or from the Site will meet the expectations of the user or supplier
To the extent permitted by applicable law, and without prejudice to any provision to the contrary, nothing in these Terms of Use or the Booking Terms and Conditions of Sale shall exclude or limit UMF's liability for fraud, death or damage caused by UMF's fault or for any event giving rise to liability that cannot be excluded or limited under applicable law.
Subject to this, UMF shall not be liable to any person, including the user, for any direct or indirect, general or special damages, including loss of profit/loss, or damages related to use, data or other intangible damages, whether UMF's liability is in tort or contract, arising out of:
- Access to, use of or inability to access or use the Site or any linked sites, or its contents
- The cost of providing substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions conducted through or from the Site
- Unauthorised access to or alteration of your communications or data
- The statements or conduct of any third party on the Site
- Any other matter relating to the Site or the Services. Other specific limitations and exclusions may apply on a case by case basis in the relevant contract with the Client or supplier.
To the extent permitted by applicable law, and without prejudice to any provision to the contrary, the user agrees to indemnify UMF for any losses, damages, costs, liabilities and expenses (including without limitation legal fees and any amounts paid by UMF to third parties in settlement of a claim or dispute, whether voluntary or involuntary) suffered or incurred by UMF in connection with any breach by the user of any contractual term of any contract with UMF (including these Terms of Use and the General Terms and Conditions of Sale), or in connection with any claim relating to a breach by the user of such contractual term.
To the extent permitted by applicable law, and without prejudice to any stipulation to the contrary, in the event that the user commits a breach of these Terms of Use, or engages in any activity deemed inappropriate by UMF, UMF is entitled to take any action required, including terminating or suspending the user's access to the Site, prohibiting the user from accessing the Site, blocking computers using the user's IP address, contacting the user's internet provider and requesting that it block the user's access to the Site and/or taking any legal action against the user.
In application of and subject to compliance with the provisions of Article 1218 of the Civil Code, UMF shall not be liable for any breach of contract towards the user in the event of the occurrence of an event of force majeure.
Each of the stipulations herein is separable from each of the others, so that in the event that one of the stipulations herein is deemed invalid, inapplicable or unenforceable, the other stipulations herein will not be affected and will remain in full force. UMF's rights hereunder are not exclusive of any additional rights and claims permitted by applicable law or applicable contracts. In the event that UMF waives its rights in respect of any breach by a user hereunder, such waiver shall in no way be construed as a waiver of UMF's rights in respect of any other breach, past or future, so that UMF shall be entitled to enforce all other provisions.
