Please read these terms and conditions ("these Terms and Conditions") carefully before using this website, www.kaalm.co ("this Website") and the services are offered Kaalm or the third party operators ("the Operator" through this Website ("the Services"). "You" and "your" when used in this Terms and Conditions include any person who accesses the Website
1 - Your agreement
1.1 By visiting this Website or using the Services in any manner, you agree that you have read and agree to be bound by these Terms and Conditions. If you do not unconditionally agree to everything in these Terms and Conditions, you have no right to use this Website or the Services. Use of the Services is expressly conditioned upon your assent to all these Terms and Conditions.
2. Change of Terms AND CONDITIONS
2.1 KAALM reserves the right, at its sole discretion, to change or modify any part of these Terms and Conditions at any time without prior notice. You should visit this page periodically to review the current Terms and Conditions to which you are bound. If KAALM changes or modifies this Terms and Conditions, KAALM will post the changes to or modifications of these Terms and Conditions on this page and will indicate at the top of this page the date on which these Terms and Conditions was last revised.
2.2 Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms and Conditions. If you do not agree to abide by the revised Terms and Conditions, do not use or access or continue to use or access this Website and/or the Services. It is your responsibility to regularly check this Website to ascertain if there are any changes to these Terms and Conditions and to review such changes.
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.kaalm.co), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by KAALM in connection therewith are owned and operated by KAALM.
3.2 Provision and Accessibility of Services
3.2.1 Subject to these Terms and Conditions, KAALM may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on this Website. The Services that have been selected by you on this Website are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of this Website, any Services offered by KAALM by itself or on behalf of the Operators on this Website. KAALM may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. KAALM may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
3.2.2 KAALM does not guarantee that the Services will always be available or uninterrupted. KAALM will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of these Terms and Conditions and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link to this Website, KAALM may revoke your rights to so link at any time, at KAALM’s sole discretion. KAALM reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with these Terms and Conditions.
4.1.2 If KAALM agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. KAALM may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 KAALM’s Liability for the Website and Content
4.2.1 KAALM cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. KAALM cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will KAALM be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to KAALM or have been licensed to KAALM for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part;
(b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and
(c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from KAALM or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing this Website or using the Services, you may provide information which may be used by KAALM and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to KAALM and/or the Operators in connection with the Services (“User Submissions”):
(a) You hereby grant to KAALM and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and KAALM’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
(c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under these Terms and Conditions;
(d) You acknowledge and agree that KAALM retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to KAALM does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; and
(e) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that KAALM will not be liable for any errors or omissions in any content.
7. USE OF SERVICE
7.1 Custom selection request
7.1.1 KAALM is an online advisor for wellness holidays. The user is able to fill a form on www.kaalm.co to express his expectations. Filling and sending a form is free.
7.1.2 Any user having filled a form is entitled to receive a selection of three packages corresponding to the expectations he expressed within 24 hours. This 24 hours delay is not mandatory and KAALM is only obliged to do his best to respect this delay. KAALM's team shall not be responsible for any delay.
7.1.3 Receiving a custom selection of three packages is free.
7.2 User's choice and booking
7.2.1 The custom selection you receive is not binding. You shall not be responsible for not choosing a package among this selection.
7.2.2 If you do decide to choose a package among this selection, our Partner's Terms and Conditions apply to the booking process. It is your responsibility to acknowledge these Terms and Conditions once you've chosen your package.
8.1 KAALM’s Indemnification
8.1.1 You will indemnify and hold KAALM, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website, use of this Website, your violation of these Terms and Conditions, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your KAALM User ID.
8.2 KAALM’s Involvement
8.2.1 KAALM may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of KAALM without KAALM’s prior written approval. KAALM reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
9. Disclaimers and Limitation of Liability
9.1 Parties’ Relationship
9.1.1 KAALM has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that KAALM has no control over, and no duty to take any action regarding:
(a) Which users gain access to this Website;
(b) What content you access via this Website;
(c) What effects the Content may have on you;
(d) How you may interpret or use the Content; and
(e) What actions you may take as a result of having been exposed to the Content.
9.2 Services and Comments
9.2.1 You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. KAALM makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
9.3 Exemption of Liability
9.3.1 In no event will KAALM, this Website, or any of KAALM’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from:
(a) This Website; or
(b) These Terms and Conditions; or
(c) Any breach of these Terms and Conditions by you or a third party; or
(d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or
(e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
9.3.2 These limitations and exclusions apply without regard to whether the damages arise from:
(a) Breach of contract; or
(b) Breach of warranty; or
(c) Strict liability; or
(d) Tort; or
(e) Negligence; or
(f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
9.3.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, KAALM makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
9.3.6 You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to KAALM and by posting information on this Website, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and KAALM other than pursuant to these Terms and Conditions.
9.3.7 You acknowledge and agree that you will not hold or seek to hold KAALM responsible for the content provided by any Operator or third party and you further acknowledge and agree that KAALM is not a party to any transaction in relation to the Services provided by any Operator or third party. KAALM has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.
9.4.1 If you are dissatisfied with this Website, do not agree with any part of these Terms and Conditions, or have any other dispute or claim with or against KAALM or another user of this Website with respect to these Terms and Conditions or this Website, your sole and exclusive remedy against KAALM is to discontinue use of this Website.
9.4.2 In any event, to the fullest extent permissible by the applicable law, KAALM’s liability, and the liability of any member of KAALM, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the greater of the amount of fees you paid to KAALM in the twelve months prior to the action giving rise to liability; or
10. Interaction with Third Parties
10.1 Links to Third Party Websites
10.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by KAALM, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by KAALM of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
10.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations these Terms and Conditions.
10.1.3 KAALM has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, KAALM will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold KAALM harmless from any and all liability arising from your use of any Third Party Website.
10.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
10.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10.2 KAALM’s Responsibility
10.2.1 You agree that KAALM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that KAALM is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release KAALM, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
11.1 Termination by KAALM
11.1.1 These Terms and Conditions shall remain in full force and effect while you use this Websites or the Services. KAALM may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. KAALM may also terminate or suspend any and all Services and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms and Conditions.
11.2 Effects of Termination
11.2.1 Upon termination of your KAALM Account, your right to use the Services, access this Website, and any Content will immediately cease. All provisions of these Terms and Conditions which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
11.2.2 If these Terms and Conditions is terminated as a result of your breach, KAALM reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
12. Passports, Visas & Insurances
12.1 Your Responsibilities
12.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
12.1.2 As visa and health requirements are subject to changes without notice, KAALM recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
12.1.3 KAALM strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
13. Governing Law & Jurisdiction
13.1.1 These Terms and Conditions shall be governed by the laws of France. You agree to submit to the non-exclusive jurisdiction of the French judiciary system.
14.1.1 If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
19.2.1 These Terms and Conditions are not assignable, transferable or sub-licensable by you except with KAALM’s prior written consent. KAALM may transfer, assign or delegate these Terms and Conditions and their rights and obligations without prior notice to you.
15.1 Please contact KAALM at firstname.lastname@example.org to report any violations of these Terms and Conditions or to pose any questions regarding these Terms and Conditions or the Service.
Last updated 30th October 2016.