1. Acceptance of Terms
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
1.1. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Central Asia Guidebook Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2. Central Asia Guidebook reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3. If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2.1. Throughout this terms and conditions, the following words will have the following meanings set against them:
- “Advertisement” including display, classified, inserts, directories, banners, mini-sites, button Advertisements and any other announcement designed to publicly promote activities or services;
- “CAGB” – Central Asia Guidebook or theWebsite (centralasiagb.com);
- “Client” any individual or company purchasing Advertising from CAGB;
- “Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “GDPR” General Data Protection Regulation, EU law on data protection and privacy for all individuals within the European Union and the European Economic Area, which came into force on 25 May 2018;
- “Partner” –tourist service provider (individual o company) that agrees to publish/advertise the information about his services on centralasiagb.com;
- “Partnership” – an agreement between a Partner and CAGB to publish and or promote the Partner’sservices on centralasagb.com;
- “Partner advertisement” – collectively or individually as appropriate, advertisements published by CAGB on the Website on behalf of Partners.
- “Services” collectively or individually as appropriate, any product or service published/advertised by CAGB including but not limited to any services listed on the Website;
- “User”, “Users”, “you” Any and all persons who access the Site, book services published on centralasiagb.com, and services provided by CAGB, including but not limited to Partners;
- “Website” the website owned by Central Asia Guidebook with the url: https://centralasiagb.com and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2. In these terms and conditions, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- ‘including’ is understood to mean ‘including without limitation’;
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of these Terms and Conditions.
3.1. Content is available for Users via Central Asia Guidebook and this Website on a free of charge basis.
3.2. All Content included on the Website is the property of Central Asia Guidebook, unless it was provided by a User or Partner and published by CAGB without editing or translation. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission;
3.3. Notwithstanding any other rights or remedies available to it, CAGB shall have the right to terminate any license granted to any User, to terminate any Partnership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this license.
3.4. Without prejudice to any rights granted herein, CAGB reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.5. Subject to clause 4 below, Users (whether in their capacity as Partners or Users) are able to apply for posting their content or on the Website including via blog or upload their content on the forums and comments sections,and in doing so Users grant to CAGB a free of charge, worldwide perpetual licence in all media in such User Content. For the avoidance of doubt, Partners acknowledge and confirm that all information they supply to CAGB in order to create an Advertisement (including photo and video) will be viewable by all Users of the Website.
4. Prohibited use of the Site by Users
Users and Partners are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes, except as otherwise expressly agreed to by CAGB in writing.
4.1. Users and Partners are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein (except as otherwise expressly agreed to by CAGB in writing) or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2. With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2.1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
4.2.2. in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5.1. The Website and Services are provided “as is” and on an “as available” basis. CAGB gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, CAGB provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. CAGB is under no obligation to update information on the Website.
5.2. Whilst CAGB uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, CAGB gives no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3. CAGB accepts no liability for any disruption or non-availability of the Website.
5.4. CAGB reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.2.1. To the maximum extent permitted by law, CAGB accepts no liability for any of the following:
18.104.22.168. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
22.214.171.124. loss or corruption of any data, database or software;
126.96.36.199. any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1. Except as otherwise expressly agreed to by CAGB in writing, information regarding CAGB (including its services) and listed Services is subject to change without notice.
7.2. Information about Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by CAGB with respect to any product or service unless otherwise expressly agreed to by CAGB in writing.
7.3. Without limiting the generality of the foregoing, CAGB hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
7.4. The prices of the Services listed on the Website are indicative, may vary depending on many factors and do not represent a contractual relation with CAGB. Central Asia Guidebook is not responsible for the price changes made by service providers without notice.
7.5. CAGB provides no warranties (expressed or implied) of accuracy of information provided by the Partners and satisfactory quality of their services. CAGB is under no obligation to update Partner advertisements on the Website, nevertheless CAGB will do its best to maintain all Partner advertisements as updated as possible.
7.6. Under no circumstances will CAGB be liable in any way for the audiovisual material provided by the Partners and used for Partner Advertisements on the Website. CAGB holds a belief that all audiovisual material provided by the Partners does not contain third party copyrighted material and does not violate anybody’s privacy and publicity rights. If you believe that any of the photos or videos published on this Website infringes your rights, please contact us on email@example.com
8.1. This Website makes available certain Content that has not been created by CAGB either via hyperlinks which may take Users to websites not controlled or maintained by CAGB, or as hosted via the Website, for example Partners content, comments and other materials posted by other Users on the Website blogs and forums (“Third Party Content”) .
8.2. Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3. Third Party Content is not the responsibility of CAGB, and Users acknowledge and confirm that CAGB has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore CAGB cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of CAGB.
8.4. CAGB cannot and does not confirm each User’s identity, whether or not they are Partners. CAGB does not control the information provided by Users or Partners.
8.5. In the event that you have a dispute or issue with one or more of the other Users or Partners, you agree to unconditionally release CAGB (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9.2. CAGB will publish Partner advertisement (including information about his services) on the website (https://centralasiagb.com) using all the information provided by the Partner (including but not limited to photos and videos). If Partner does not provide a ready text for the Partner advertisement, CAGB will create the announcement based on the information previously provided by the Partner or translate the text to English (if necessary).
After the creation of Partner advertisement, the Partner will have 5 working days (since the receiving the text of the announcement) to check the advertisement content and prices. The absence of any response or comment regarding the Partner advertisement within the specified time will be interpreted as consent for publishing it in the specified form.
9.3. CAGB does not permit profitable mediation between Partners. CAGB permits publishing only services provided personaly by the Partner or by the organization that he/she represents.
9.4. It is the Partner’s responsibility to maintain and accurate and up to date information about its Services and prices. If the Partner did not promptly notify CAGB about the price change and some CAGB User booked its services, the Partner is obliged to provide the Service at the price that was indicated on the website at the moment of booking.
9.5. Partnership commences upon the Service publication on the Website, and shall continue until Partner gives notice pursuant to clause 9.6 below or until CAGB cancels the Partnership.
9.6. Partners may correct or update both the Service price and the advertisement text at any time. In order to do this, the Partner has to contact CAGB by emailing firstname.lastname@example.org indicating the advertisement reference number and the content/price to correct.
9.7. Partners may cancel the Partnership with CAGB at any moment. To cancel the Partnership and/or to delete the Partner advertisement from the Website, Partners must inform CAGB in writing by emailing email@example.com by writing to Whatsapp +996 556 280 911.
Any cancellation by Partners must be in writing and subject to existing bookings (only if those bookings were already confirmed by the Partner). The Partner advertisement will be deleted from the Website at the moment of cancellation; nevertheless the Partnership cancellation will be fully effective only when the Partner provides all the booked services to CAGB Users.
9.8. CAGB does its best to monitor the quality of services provided to Users of the Website by the Partners. If a Partner fails to provide the booked services or if the declared quality of the service does not match the real quality, CAGB has the right to offer the affected User another Partner’s services and/or cancel the Partnership.
9.9. CAGB creates, translates (if needed) and publishes Partner advertisements on a free of charge basis. CAGB charges Partners only for booked services and after these services were paid to the service provider by the User. The fee is subject to the listed Service price and bilateral agreement between Central Asia Guidebook and the Partner.
All media and advertising placed with CAGB shall be subject to the following:
10.1. All Advertisements are accepted subject to CAGB’s approval of the copy and to the space being available.
10.2. CAGB reserves the right to omit or suspend any Advertising (or part thereof) at any time for if CAGB holds the belief that publication may be unlawful, defamatory, put CAGB into disrepute, in breach of any Ofcom regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.
10.3. If CAGB considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond CAGB’s control. Every care is taken to avoid mistakes but CAGB cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for CAGB to use its reasonable endeavours to remedy such inaccuracies upon notice from the Client , where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.
10.4. The Client warrants that the Advertisement does not contravene any law nor is it in any other way illegal or defamatory or an infringement of any other party’s rights.
10.5. The Client will indemnify CAGB fully in respect of any claim made against CAGB arising from CAGB’s publication of any advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to CAGB. CAGB may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
10.6. Fees for advertisements and payment method are subject to bilateral agreement between the Client and CAGB.
11.1. Prices for any of CAGB services or products are subject to change without prior notice.
11.2. The prices for Partner advertisements publishing is subject to the listed Service price and bilateral agreement between Central Asia Guidebook and the Partner.
12. Payment Policy
Unless specified herein or in the bilateral agreement to the contrary, CAGB invoices for any Service are due for payment 30 days from their date. CAGB reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts.
13.1. Dependence on CAGB Services: The contents of any of CAGB Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall CAGB be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify CAGB against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
13.3. Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such CAGB is unable to perform in whole or in part its obligations set forth in these terms, then CAGB shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make CAGB liable to any other party.
13.4. Users may not transfer any of their rights under these terms and conditions to any other person. CAGB may transfer their rights under these terms and conditions where CAGB reasonably believes Users rights will not be affected.
13.5. These terms and conditions may be varied by CAGB from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
13.6. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
13.7. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
13.8. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
15. Refund policy
As CAGB charges Partners only when the Service is already provided and charged to the User, the payments to CAGB are non-refundable. In the case of other CAGB services, the refund is subject to a prior bilateral agreement between CAGB and the client.