Terms and Conditions

Terms and Conditions (“Terms”)

Last updated: May 8th, 2016

Terms

We recommend reading these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.countryfi.com website and/or mobile application (the “Software”or “Site”) operated by Countryfi (“we”, “us” or “our”). Any individual or individual representing an entity who accesses the Site shall be known as (“You”,“User” or “Users”). (“Customer”) shall be used to refer to any User who opens an account for the purpose of purchasing services, products or activities from and Supplier. Any industry professional or person deemed by us to be an industry professional who opens an account for the purpose of supplying services, products or activities shall be known as a (“Supplier”). Any actions renderable on any Software operated by us constitute (“Services”). To be read in conjunction with our (“Privacy Policy”). (“Content”) refers to any media, data or any information imputed into any of our Software by any User.

Use of our Site or Software by any employee or representative of any legal entity constitutes that you have authority to do so and are so bound by the Terms.

Your access to and use of the Software is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or use the Software. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site or use any of our Services.

Eligibility

All Users must be over 18 unless the site is used by an agent, parent or guardian on a minor’s behalf who ensures the minor complies with these Terms and is liable for ensuring the welfare and legality of that minor’s activities in conjunction or through the Site.

You may not use the Site or our Services if you operate, own or are employed by any company that competes with our Services in any capacity.

You may not use our site or Services if you are subject to a court order, or have been convicted of any offence, relating to sexual misconduct, harassment, impersonation, minors, children, assault or violence.

You may not use our site if you have been explicitly banned from using our Services by email or are acting on behalf of a banned User.

Accounts

To access many areas of the site you have to create an account or have an account created for you.

When creating an account with us, you must keep all relevant information and Content up to date and current. The User must ensure the accuracy and lawfulness of all information and Content. The User must also ensure that all Content uploaded to the site has the approval of any and all rights holders or licensers and indemnifies us against all claim (For more information see “Intellectual Property And Rights”). Failure to comply may result in an immediate termination of your account on our Site without warning and at our discretion.

By creating an account you consent to having your personal details held on our database and to being contacted by us by any communications including telephone, SMS, social networks and email. We will not sell or disclose your details to any third parties, other than laid out in these Terms, without your permission. Please see our Privacy Policy for more information.

It is your responsibility to look after your password that you use to access the Site and by complying to these Terms you agree not to disclose your password to any third party, individual or entity. To change your password at any time please go to the privacy section of the Site. If you believe there has been a security breach or unauthorised account access or use you must notify us by emailing hello@countryfi.com.

Content

It is the User’s responsibility to make sure they have full clearance, license and/or copyright for all Content uploaded on the site (For more information see “Intellectual Property” and “Conduct”). We will not be responsible as editor, publisher or author of any submitted Content and we expressly exclude our liability for any loss or damage arising from the use of the site by any person in contravention of these Terms.

Content on the Site is post-moderated. Please report any suspicious, inappropriate, unlawful or inaccurate Content to hello@countryfi.com. We may, or may not, investigate the report and take or not take such actions that we deem appropriate.

All Content submitted to the Site as any part of the Service may appear in search engine listings. You allow us to modify, edit, reproduce, publish, adapt, translate, create derivative works from, distribute, perform and display your information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed in relation to our future marketing material. Additionally, you waive all rights to the Content. Where appropriate we will seek to contact you for permission although we are by no way obligated to and reserve the right to not seek permission.

You will not post any film that is objectionable, as set out by the Films, Videos and Publications Classifications Act 1993.

We reserve the right to remove any Content from the Site at our discretion and without notice.

Custom URLs are assigned on a first come, first serve basis but can be reassigned by us at any time, without warning or consent of the User.

Access To Our Site

By opening an account with us you acknowledge that we will send you data relevant to providing you with our Service and that you are liable for all cost of access to that data whether through the Site or Mobile Application.

You agree not to hold us liable for any loss or damages caused by occasional repair, updating, maintenance, network or communications failure or any damage resulting from your use of the Site or any of our Services.

Product Validity, Modifications & Amendments

All services, products and tours offered by Countryfi are valid as per the dates displayed at Countryfi.com or any Countryfi affiliated website. Countryfi is not responsible or liable for any information that it does not directly provide.

All modifications or amendments requests must be made to hello@countryfi.com.

If you make a purchase using a Countryfi promotion code, or if you accept a discount or special-offer price during the Countryfi checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. Countryfi may decide, at its sole discretion, to honour your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However Countryfi reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.

Countryfi will not charge a fee to change or amend the dates of an existing booking, as long as the request is received by us more than three (3) days ahead of your confirmed date.

It is not possible to change or modify a theatre, show ticket or special event. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.

All other date-change requests and amendments are subject to availability by our Suppliers and/or service providers; Countryfi cannot guarantee the success of any date-change request.

If you request a date change within three (3) days or less of your confirmed travel date, Countryfi will attempt to honour your request; however changes made three days or less from your original travel date may attract an additional fee. For multi-day and overnight tours, date changes made within seven (7) days of your confirmed travel date may also attract additional fees from our Suppliers and/or service providers.

Occasionally our Suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, Countryfi reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at Countryfi.com or through Countryfi-affiliated websites, at any time, for any reason.

In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.

Notwithstanding the above, when we are informed in advance by our service providers, Suppliers and/or agents of a significant change to a tour and/or booking, event or product we make every reasonable effort to notify the distributor, consumer, and/or travel agent as appropriate, in order to re-issue or amend the booking where possible.

Site License

We own the Site and all of the Content it contains, or may in the future contain, including but not limited to all trademarks, directories, text, images, videos, information, sounds and Software although we grant you a non-exclusive and revokable license to view and use our Site for the purpose of participating in our Services as long as you fully comply with these Terms and Conditions.

Intellectual Property

We take our own and others intellectual property seriously at Countryfi.

You agree to allow us to irrevocably and perpetually license Worldwide any trademark or Content that you provide us to market, maintain or operate our Services or Site. You also acknowledge that these may be changed or modified to be incorporated in marketing materials or anywhere on the Site or any domain used by us. We cannot be held responsible for any User or third party that use or misuse your Content or trademark and you explicitly agree not to hold us liable for any resulting loss or damages. We also reserve the right to sub-license your Content. Please see our Privacy Policy for more details.

We may ask for proof of ownership of the rights to any Content uploaded to the Site, at our discretion and at any time. If a breech of copyright is detected then the infringing Content shall be removed within 7 working days and action may be taken against the offending User at our discretion and may result in termination of your account.

Links To Our Website and The Web Sites of Others

You may include links to our Site and Services as long as you do so in a way that is fair and lawful and does not take advantage of or damage our brand or reputation. You agree not to mislead anyone by suggesting explicit association or endorsement by us unless previously agreed in writing.

Our Site may contain links to third-party web sites or Sites that are not owned or controlled by Countryfi.

Countryfi has no control over, and assumes no responsibility for, privacy policies, practices or the content, of any third party web sites or Sites. You further acknowledge and agree that Countryfi shall not be liable or responsible, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Sites available on or through any such web sites or Sites.

We recommend that you read the Terms and conditions and privacy policies of any third-party web sites or Sites that you visit.

Conduct

We expect all Users to maintain a high standard of quality when uploading Content and in maintaining their profile. Failure to do so to a fair standard of our discretion may lead to account suspension and/or termination.

You shall not misrepresent yourself in any way, impersonate others or claim to be affiliated to any person or entity who you are not.

Unlawful and unauthorised use of any Content is expressly forbidden. You will not use, copy or distribute any Content that has been uploaded to the Site or as any part of the Service other than in accordance with these Terms and through no third parties other than for Content that you have uploaded yourself.

You may not disclose or distribute personal, sensitive or confidential about yourself, any other User, of any part of the Site and Service.

Unless the User has an account they may not use the Site or Service to promote, advertise or solicit any products, Services or commercial use.

We will not tolerate abusive, vulgar, obscene, indecent, pornographic, defamatory, stalking, harassing, hateful, discriminatory or threatening language, behaviour or Content.

You must not intentionally or unintentionally break any law while using any Service or part of the Site.

You are expressly forbidden from collecting the details of other Users by electronic or any other means without express permission of the User or us.

You must not infringe the trademarks, Content, copyright or any other person or entity with any Content or action on the Site.

You may not use the site to commit any criminal or fraudulent activity and any such activity perpetrated is in contravention of these Terms.

Prohibitions

You are prohibited from the following:

Attempting to hack or gain unauthorised access to the Site or any part of the Service.

Modifying or reverse engineering any of the Software.

Knowingly or unknowingly introducing a computer virus, DDOS attack or malware into the Site.

Sending spam or any other form of marketing or mass marketing communication.

Contacting any User otherwise than in accordance with this agreement.

Security

We take the security of all Users extremely seriously. We take all reasonable precautions and have set procedures for handling any information disclosed to us but cannot be held liable for any losses resulting in a breach of web security and they shall be exclusively borne by the User. We in no way guarantee that our site is virus free and as such we shall not be liable for any losses, infection or damages sustained as a result of a virus or malware you are exposed to using the Site or any of our Services.

Please take care when entering person details or passwords. We cannot be held liable for any loss or misuse of data when lost in this way and you shall be responsible for notifying us of any breach.

Usage and Statistics

You allow us to monitor, access, disclose and use details of your usage (including Content) of the Site and our Services for administration, maintenance, legal compliance, compliance with Terms, quality control, investigation or enforcement of our rights including, but not limited to, law enforcement. Please see our Privacy Policy for more details.

By using this site you agree unreservedly to the use of ‘cookies’.

Account deletion

You can apply to have your account deleted by emailing hello@countryfi.com.

We will aim to comply to requests within one month of your request being processed by us.

Termination

You may request termination of your account at any time by contacting hello@countryfi.com and giving one months notice from a verified receipt of the request by us.

We may suspend or terminate access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you knowingly or unknowingly breach the Terms.

All articles of the Terms which by their nature should survive and termination shall survive termination, including, without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.

Your right to use the Site will immediately cease upon termination.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion and without notice to yourself.

We reserve the right to withdraw or change our advertised features or Services without notice and with no liability to us. We reserve without limitation the right to edit, delete or change any Content or information on the Site.

It is the Users responsibility to keep up to date with the changes to these Terms although we will reasonably update you at such a time deemed appropriate solely by us.

By continuing to use our Site or Services after those revisions come into force, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site and all our Services.

Pricing & Inclusions/Exclusions

Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Countryfi.

Price quotations are subject to change without notice, until a booking has been confirmed.

Prices listed on Countryfi.com and Countryfi-affiliated websites are per person, unless otherwise specified.

Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of Countryfi.com or Countryfi-affiliated websites.

Payments & Cancellations

Countryfi accepts the following credit cards: Visa, Mastercard, Maestro and JCB.

There is no charge or service fee for processing credit or debit card payments.

Full payment by credit or debit card is required to make a reservation. Payment will be listed as Countryfi on the credit or debit card statement.

No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilised.

Cancelling a booking with Countryfi can result in cancellation fees being applied by Countryfi, as outlined below. Additional fees may be levied by the individual supplier/operator (see your Countryfi Voucher for specific details). When cancelling any booking you will be notified via email or telephone of the total cancellation fees.

Event, Attraction, Theatre, Show or Coupon Ticket -These are non-refundable in all circumstances.

Gift Certificate – These are non-refundable in all circumstances.

Other Tour Products & Services – If you cancel at least 7 calendar days in advance, there is no cancellation fee.

If you cancel between 3 and 6 calendar days in advance, you will be charged a 50% cancellation fee.

If you cancel within 2 calendar days in advance, you will be charged a 100% cancellation fee.

The value of the transaction may be subject to taxes, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Countryfi.com and Countryfi-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. Please note for bookings made in Brazil, the tax IOF (Tax Upon Financial Operations, 6.38%) is not included in the final booking value and will be charged to the credit or debit card used to make the purchase.

Payment Processing

Under this agreement, the payment processing services for services purchased on this website are provided by Countryfi or Paypal, depending on the type of payment method used for the purchase of services.

In the event you choose to pay with a credit or debit card and the payment is processed via a third-party these terms are an agreement between you and Countryfi Limited. For any other type of purchases, these terms are an agreement between you and Countryfi.

Private Tour Guides

Countryfi provides customers with information regarding Private Tour Guides in many destinations. Private tour guides are independent contractors and not agents or affiliates of Countryfi.

Customers are responsible for working directly with private tour guides on scheduling, meeting time / place, tour specifics and, where specifically noted, payment terms. Countryfi makes no representations or warranties of any kind regarding private tour guides or their services.

By booking a private tour guide, customers acknowledge and agree that, in addition to Countryfi’s standard Terms and Conditions, neither Countryfi nor its agents are liable for any accidents, losses, injuries, damages, delays, expenses due to any action or inaction on the part of the guide or his/her services.

Price Changes

We reserve the right to introduce fees or prices at any time.

Other Terms

Headings are for ease of reference only.

Within these Terms and our Privacy Policy, “including” is to be interpreted to mean “including but not limited to”.

Provision of our Services shall not create any relationship of agent and principal between you and us and neither you nor us have any power or authority to contract or to bind in the name of the other party.

No provision of these Terms is intended to be enforceable by any person other than you or us.

Any failure by you or us to exercise any remedy or rights under these Terms does not constitute a waiver of that remedy or those rights.

Transfer, assignment or sub-contraction of your rights to any entity or third party must not be done without our prior written or emailed consent.

If you are an account holder we reserve the right, without your consent, but with notice, to sub-contract or transfer any of our obligations stated in these Terms to any entity or third party. If you are a visiter then we reserve the right, without your consent to sub-contract or transfer any of our obligations stated in these Terms to any entity or third party.

Warranty

This website is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, we do not warrant that this website will be constantly available, or available at all, or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or employment matter you should consult an appropriate professional.

Indemnity

You agree to indemnify us, our affiliates, licensors, subsidiaries, assignees including their employees, directors and/or officers against all actions, proceedings, claims, costs (including expenses and legal), expenses and liabilities of every description arising from the exercise or the purported exercise in good faith of any of the Services or Terms and notwithstanding that they may have arisen as a result of a lack of care on the part of such person.

Breach

If you breach these Terms, without limiting any other remedies or rights, we may suspend, terminate, remove castings, revoke accounts, remove access to data, delete data permanently, issue verbal and/or written warnings or limit your activities on the Site or Services in any way we deem fit, without notice and with immediate effect.

Liability

Nothing in these Terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.

We, our affiliates, licensors, subsidiaries, assignees including their employees, directors or officers are not liable for any loss or damage to any User, any persons or third parties whether direct, indirect or consequential that arises from use or inability to use our Site, Services or Content including, but not limited to, jobs, job opportunities, castings, loss of business, customers, profit, revenues, loss of business or anticipated savings contracts, Software, data, time whether by tort (including negligence), equity, breach of contract, breach of statutory duty or otherwise, even if foreseeable.

You agree to give us time that we deem reasonable to correct or remedy any matter for which we may be liable before incurring any costs. We revoke liability for costs you incur before giving us a chance to remedy the matter.

If you are a customer then, without prejudice to other limitations of liability in these Terms, our total liability for your use of our Site is the total amount paid by you for the specific Service.

To the maximum extent permitted by applicable law, in no event shall Countryfi and/or its Suppliers be liable for any direct, indirect, punitive, special, consequential, incidental damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Countryfi Web Site, with the delay or inability to use the Countryfi Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Countryfi Web Site, or otherwise arising out of the use of the Countryfi Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Countryfi or any of its Suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Countryfi Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Countryfi Site.

Passports, Visas & Insurance

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.

As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.

We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.

Governing Law

The construction, validity and performance of these Terms shall be governed in all respects by English law and you and us submit to the exclusive jurisdiction of the English courts in respect of any dispute relating to these Terms which also exclude the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

These Terms constitute the entire agreement between us regarding our Site and our Services, and replaces and supersedes any prior agreements we might have between us regarding the Site or our Services.

Contact Us

If anything is unclear or you have any questions about our Terms, then please get in contact at hello@countryfi.com

Countryfi Member-Only Deals

Countryfi offers discounts and time-limited promotions, known as “Member Only Deals”, to registered Countryfi users. You must have a Countryfi account in order to browse or book a Member Only Deal.

Member Only Deals are confirmed instantly upon booking and all sales are final.

If you cancel or amend a Member Only Deal, you will be charged a 100% cancellation fee.

Countryfi Vouchers

You will receive a personalized Countryfi Voucher for each tour, event or service booked. In order to access and print your Countryfi Voucher(s), you will be provided access to a secure webpage hosted by Countryfi that contains a link to your Countryfi Voucher(s).

You must provide the original, authentic Countryfi Voucher to the appropriate service provider in order to redeem your tour, ticket, or package. Your reservation cannot be honored or redeemed without presenting a valid Countryfi Voucher.

For security purposes, when redeeming your Countryfi Voucher you must present a valid Photo ID and sign the Countryfi Voucher. This is for identification purposes and helps us to prevent fraud.

In some cases Countryfi also requires that you present the credit or debit card used to purchase your tour or ticket at the time of redemption. This generally applies only to attraction and show tickets. This helps us to prevent credit-card misuse. You will be advised at checkout whether or not you must present the credit or debit card used for booking. In some cases Countryfi will waive this requirement, generally to facilitate gift purchases. However this requirement can only be waived by contacting Countryfi’s Customer Care team once your booking has been confirmed, and any changes or amendments will be made at Countryfi’s sole discretion.

If you make a purchase using a Countryfi Gift Certificate, Countryfi requires that you present the Gift Certificate used to purchase your tour, ticket or package at the time of redemption.

Please note that your Countryfi Voucher(s) can be confiscated – and immediately canceled without refund – if your signature and/or name do not match those shown on either your credit or debit card or Gift Certificate.

Countryfi Gift Certificates

Countryfi Gift Certificates can only be redeemed on the Countryfi.com website. Countryfi Gift Certificates are redeemable against any product offered on the Countryfi.com site.

Countryfi Gift Certificates are valid for two (2) years from the date of initial purchase, or as required by local law. Expiry date does not apply in California, Connecticut, Maine, Massachusetts, New Hampshire, Washington or other jurisdictions where prohibited by law.

Countryfi Gift Certificates remain valid until the entire value has been utilized or the expiry date has passed, subject to relevant local laws. If the value of the items you book is greater than your Gift Certificate, you can pay the balance using an acceptable credit or debit card. If the value is less than your Gift Certificate, we’ll store the balance in our database for you to use on another occasion. Note that your Gift Certificate, including any unused balance, expires two years after the date of issue, or as required by local law.

Countryfi Gift Certificates are not redeemable for cash.

Countryfi reserves the right to cancel Gift Certificates obtained fraudulently.

Countryfi is not responsible for stolen or lost Gift Certificates.

All Gift Certificate sales are final. Gift Certificates are not refundable.

Modification of these Terms of Use

Countryfi reserves the right to change the terms, conditions, and notices under which the Countryfi Web Site is offered, including but not limited to the charges associated with the use of the Countryfi Web Site.

Delivery Instructions

Countryfi software is instantly available online. After signing up, we will send you a confirmation email to allow you to use the software immediately.

Links to Third Party Sites

The Countryfi Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Countryfi and Countryfi is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Countryfi is not responsible for webcasting or any other form of transmission received from any Linked Site. Countryfi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Countryfi of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Countryfi Web Site, you warrant to Countryfi that you will not use the Countryfi Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Countryfi Web Site in any manner which could damage, disable, overburden, or impair the Countryfi Web Site or interfere with any other party’s use and enjoyment of the Countryfi Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Countryfi Web Sites.

Use of Communication Services

The Countryfi Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Countryfi has no obligation to monitor the Communication Services. However, Countryfi reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Countryfi reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Countryfi reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Countryfi’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Countryfi does not control or endorse the content, messages or information found in any Communication Service and, therefore, Countryfi specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Countryfi spokespersons, and their views do not necessarily reflect those of Countryfi.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Countryfi or Posted at any Countryfi Web Site

Countryfi does not claim ownership of the materials you provide to Countryfi (including feedback and suggestions) or post, upload, input or submit to any Countryfi Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Countryfi, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Countryfi is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Countryfi’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products, and services included in or available through the Countryfi Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Countryfi and/or its suppliers may make improvements and/or changes in the Countryfi Web Site at any time. Advice received via the Countryfi Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Countryfi and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Countryfi web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Countryfi and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Countryfi and/or its suppliers be liablefor any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Countryfi Web Site, with the delay or inability to use the Countryfi Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Countryfi Web Site, or otherwise arising out of the use of the Countryfi Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Countryfi or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Countryfi Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Countryfi Web Site. Service Contact : info@Countryfi.com

Termination/Access Restriction

Countryfi reserves the right, in its sole discretion, to terminate your access to the Countryfi Web Site and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of the Countryfi Web Site. Use of the Countryfi Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Countryfi as a result of this agreement or use of the Countryfi Web Site. Countryfi’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Countryfi’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Countryfi Web Site or information provided to or gathered by Countryfi with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Countryfi with respect to the Countryfi Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Countryfi with respect to the Countryfi Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the Countryfi Web Site are copyright Countryfi Pty Limited and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Countryfi the written information specified below. Please note that this procedure is exclusively for notifying Countryfi that your copyrighted material has been infringed.

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

For notice of claims of copyright infringement Countryfi’s contact details are listed on the Contact page of this web site.

Terms and Conditions (“Terms”)

Last updated: July 1st, 2014

Terms

We recommend and hope you enjoy reading these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.auditionist.com website and/or mobile application (the “Software”or “Site”) operated by Auditionist Limited, a company registered in England and Wales with company number 8757358 (“we”, “us” or “our”). Any individual or individual representing an entity who accesses the Site shall be known as (“You”,“User”or “Users”). (“Talent”) shall be used to refer to any User who opens an account for the purpose of viewing and auditioning for any casting or opportunity. Any industry professional or person deemed by us to be an industry professional who opens an account for the purpose of posting castings or opportunities shall be known as an (“Advertiser”). Any actions renderable on any Software operated by us constitute (“Services”). To be read in conjunction with our (“Privacy Policy”). (“Content”) refers to any media, data or any information imputed into any of our Software by any User.

Use of our Site or Software by any employee or representative of any legal entity constitutes that you have authority to do so and are so bound by the Terms.

We in no way guarantee, promise or offer employment success through our website but aim to deliver the best Service possible.

Your access to and use of the Software is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or use the Software. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site or use any of our Services.

Eligibility

All Users must be over 18 unless the site is used by an agent, parent or guardian on a minor’s behalf who ensures the minor complies with these Terms and is liable for ensuring the welfare and legality of that minor’s activities in conjunction or through the Site.

You may not use the Site or our Services if you operate, own or are employed by any company that competes with our Services in any capacity.

You may not use our site or Services if you are subject to a court order, or have been convicted of any offence, relating to sexual misconduct, harassment, impersonation, minors, children, assault or violence.

You may not use our site if you have been explicitly banned from using our Services by email or are acting on behalf of a banned User.

Accounts

To access many areas of the site you have to create an account or have an account created for you.

When creating an account with us, you must keep all relevant information and Content up to date and current. The User must ensure the accuracy and lawfulness of all information and Content. The User must also ensure that all Content uploaded to the site has the approval of any and all rights holders or licensers and indemnifies us against all claim (For more information see “Intellectual Property And Rights”). Failure to comply may result in an immediate termination of your account on our Site without warning and at our discretion.

By creating an account you consent to having your personal details held on our database and to being contacted by us by any communications including telephone, SMS, social networks and email. We will not sell or disclose your details to any third parties, other than laid out in these Terms, without your permission. Please see our Privacy Policy for more information.

It is your responsibility to look after your password that you use to access the Site and by complying to these Terms you agree not to disclose your password to any third party, individual or entity. To change your password at any time please go to the privacy section of the Site. If you believe there has been a security breach or unauthorised account access or use you must notify us by emailing hello@auditionist.com.

Custom URLs are assigned on a first come, first serve basis but can be reassigned by us at any time, without warning or consent of the User.

Access To Our Site

By opening an account with us you acknowledge that we will send you data relevant to providing you with our Service and that you are liable for all cost of access to that data whether through the Site or Mobile Application.

You agree not to hold us liable for any loss or damages caused by occasional repair, updating, maintenance, network or communications failure or any damage resulting from your use of the Site or any of our Services.

Your Profile – Talent

When you submit a request to join Auditionist we aim to respond within two working days. If you have not had a response, please emailhello@auditionist.com or contact us through the official Facebook page. We withhold the right to deny access to the Site for any reason nor do we have to disclose the reason for denial.

If you are approved as a User then you will be sent an email with a verification link. You will then be taken through required fields unless you have chosen for your profile to be pre-populated.

Your Auditionist Profile is intended to be used to promote yourself to prospective Advertisers. We will give you access to those Advertisers through the Site and they have the ability to view all Content not set to private. We are selective with who we allow to post castings to the Site though this is not guaranteed by us and we cannot be held liable for anything that occurs as a result of any such casting. People will be able to view your public profile through use of your custom URL unless set to private. Registered Users will be able to view your Content not set to private. Due to the promotional aspect of your public profile we are not liable nor responsible for the distribution of your custom URL or profile link nor if you believe your custom URL or profile link is being linked to inappropriately or without your consent.

You acknowledge and accept that any casting or job offers come solely from an Advertiser and wholly at their discretion. We are unable to influence the decision of Advertisers on your behalf and you will not expect us to at any point. You are responsible for ensuring the acceptability of any job or casting to yourself before you apply. We do not guarantee nor promise jobs, profile views and contact with Advertisers or industry professionals.    

“Paid” work means work that the Advertiser believes is work that meets the UK national minimum wage criteria however it is your responsibility to ensure payment is made and that information included in the casting is correct at the time of application.

Failure to upload a headshot within seven days may result in suspension of your account.

If the User has an agent or representative then they must adhere to any pre-existing contracts in relation to payment of any fees or earnings owed. If an agent is using the Site on a client’s behalf then they must agree to be bound by these same Terms.

Your Profile – Advertiser

Any casting advertised on the Site must be true, decent, genuine and available at time of posting.

You accept that we are not liable for any action or lack of action from any Talent introduced by us and you will not pursue any claim against us in accordance with these Terms.

You accept sole responsibility for ensuring that you are fully satisfied with any Talent and they have the skill and capability to carry out any advertised casting role before inviting them to a physical casting or offering them any job or opportunity.

We may edit or change any elements or aspects of a casting to make it more suitable to the appearance or policies of our Site and Services at our sole discretion and without prejudice.

You agree to bear sole responsibility of ensuring that any Content or advertisement posted to the Site complies with all applicable laws, including those relating to tax, employment, minimum payments and non-discrimination/equality. You bear all legal responsibility and obligations towards any User your casting is created for.

We reserve the right to remove any posting or advertisement from the Site or our Services at any time if we reasonably believe that the casting is in breach or contravention of any applicable laws, including those relating to tax, employment, minimum payments and non-discrimination/equality.

You agree that all Content provided to you is done so for the sole purpose of evaluating Talent and that you will only use any data, information or Content for this purpose and in strict accordance with these Terms under a revokable license from us. If you are requested to permanently destroy or delete any data, information or Content then you must comply with the request promptly and with permanent effect to be confirmed by you in writing or by replying to an email request by us.

All data, information or Content is provided for your use solely within the Site and within our Services. You are expressly forbidden from exporting or copying any Content, data or information from the Site or any of our Services and doing so will make you in breach of these Terms and our intellectual property rights. If you are seeking to use any Content from Auditionist then you must contact hello@auditionist.com. We reserve our right to claim damages against you or any entity that you are employed by or were employed by at the time of contravention.

Castings

Talent with an account may view casting briefs sent out by Advertisers or any such industries as we deem suitable to post casting briefs. We do not have prior access to casting briefs made by Advertisers and cannot assume any responsibility or liability for the accuracy of information contained within. All Advertisers are bound by these Terms and legislation, however if you are concerned about a casting, please contacthello@auditionist.com.

Auditionist does not claim to be an employment agency and as such we do not claim liability for the casting process outside of the Site. We cannot assume responsibility or liability for any arrangement of employment or meeting between Users and urge care and caution when reviewing any details of the arrangement contractually. We also encourage Users to ensure their safety by being vigilant at all times. We will not be involved in any fee negotiation or payment chasing and it is the sole responsibility of the User or their Agent to collect any monies owed as a result of the casting.

Content

It is the User’s responsibility to make sure they have full clearance, license and/or copyright for all Content uploaded on the site (For more information see “Intellectual Property” and “Conduct”). We will not be responsible as editor, publisher or author of any submitted Content and we expressly exclude our liability for any loss or damage arising from the use of the site by any person in contravention of these Terms.

Content on the Site is post-moderated. Please report any suspicious, inappropriate, unlawful or inaccurate Content to hello@auditionist.com. We may, or may not, investigate the report and take or not take such actions that we deem appropriate.

All Content submitted to the Site as any part of the Service not marked private may appear in search engine listings. You allow us to modify, edit, reproduce, publish, adapt, translate, create derivative works from, distribute, perform and display your information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed in relation to our future marketing material. Additionally, you waive all rights to the Content. Where appropriate we will seek to contact you for permission although we are by no way obligated to and reserve the right to not seek permission.

You will not post any film that is objectionable, as set out by the Films, Videos and Publications Classifications Act 1993.

We reserve the right to remove any Content from the Site at our discretion and without notice.

Site License

We own the Site and all of the Content it contains, or may in the future contain, including but not limited to all trademarks, directories, text, images, videos, information, sounds and Software although we grant you a non-exclusive and revokable license to view and use our Site for the purpose of participating in our Services as long as you fully comply with these Terms and Conditions.

Intellectual Property

We take our own and others intellectual property seriously at Auditionist.

You agree to allow us to irrevocably and perpetually license Worldwide any trademark or Content that you provide us to market, maintain or operate our Services or Site. You also acknowledge that these may be changed or modified to be incorporated in marketing materials or anywhere on the Site or any domain used by us. We cannot be held responsible for any User or third party that use or misuse your Content or trademark and you explicitly agree not to hold us liable for any resulting loss or damages. We also reserve the right to sub-license your Content. Please see our Privacy Policy for more details.

We may ask for proof of ownership of the rights to any Content uploaded to the Site, at our discretion and at any time. If a breech of copyright is detected then the infringing Content shall be removed within 7 working days and action may be taken against the offending User at our discretion and may result in termination of your account.

Links To Our Website and The Web Sites of Others

You may include links to our Site and Services as long as you do so in a way that is fair and lawful and does not take advantage of or damage our brand or reputation. You agree not to mislead anyone by suggesting explicit association or endorsement by us unless previously agreed in writing.

Our Site may contain links to third-party web sites or Sites that are not owned or controlled by Auditionist.

Auditionist has no control over, and assumes no responsibility for, privacy policies, practices or the content, of any third party web sites or Sites. You further acknowledge and agree that Auditionist shall not be liable or responsible, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Sites available on or through any such web sites or Sites.

We recommend that you read the Terms and conditions and privacy policies of any third-party web sites or Sites that you visit.

Conduct

We expect all Users to maintain a high standard of quality when uploading Content and in maintaining their profile. Failure to do so to a fair standard of our discretion may lead to account suspension and/or termination.

You shall not misrepresent yourself in any way, impersonate others or claim to be affiliated to any person or entity who you are not.

Unlawful and unauthorised use of any Content is expressly forbidden. You will not use, copy or distribute any Content that has been uploaded to the Site or as any part of the Service other than in accordance with these Terms and through no third parties other than for Content that you have uploaded yourself.

You may not disclose or distribute personal, sensitive or confidential about yourself, any other User, of any part of the Site and Service.

Unless the User has an account they may not use the Site or Service to promote, advertise or solicit any products, Services or commercial use.

We will not tolerate abusive, vulgar, obscene, indecent, pornographic, defamatory, stalking, harassing, hateful, discriminatory or threatening language, behaviour or Content.

You must not intentionally or unintentionally break any law while using any Service or part of the Site.

You are expressly forbidden from collecting the details of other Users by electronic or any other means without express permission of the User or us.

You must not infringe the trademarks, Content, copyright or any other person or entity with any Content or action on the Site.

You may not use the site to commit any criminal or fraudulent activity and any such activity perpetrated is in contravention of these Terms.

Prohibitions

You are prohibited from the following:

Attempting to hack or gain unauthorised access to the Site or any part of the Service.

Modifying or reverse engineering any of the Software.

Knowingly or unknowingly introducing a computer virus, DDOS attack or malware into the Site.

Sending spam or any other form of marketing or mass marketing communication.

Contacting any User otherwise than in accordance with this agreement.

Security

We take the security of all Users extremely seriously. We take all reasonable precautions and have set procedures for handling any information disclosed to us but cannot be held liable for any losses resulting in a breach of web security and they shall be exclusively borne by the User. We in no way guarantee that our site is virus free and as such we shall not be liable for any losses, infection or damages sustained as a result of a virus or malware you are exposed to using the Site or any of our Services.

Please take care when entering person details or passwords. We cannot be held liable for any loss or misuse of data when lost in this way and you shall be responsible for notifying us of any breach.

Usage and Statistics

You allow us to monitor, access, disclose and use details of your usage (including Content) of the Site and our Services for administration, maintenance, legal compliance, compliance with Terms, quality control, investigation or enforcement of our rights including, but not limited to, law enforcement. Please see our Privacy Policy for more details.

By using this site you agree unreservedly to the use of ‘cookies’.

Account deletion

You can apply to have your account deleted by emailing hello@auditionist.com.

We will aim to comply to requests within one month of your request being processed by us.

Termination

You may request termination of your account at any time by contacting hello@auditionist.com and giving one months notice from a verified receipt of the request by us.

We may suspend or terminate access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you knowingly or unknowingly breach the Terms.

All articles of the Terms which by their nature should survive and termination shall survive termination, including, without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.

Your right to use the Site will immediately cease upon termination.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion and without notice to yourself.

We reserve the right to withdraw or change our advertised features or Services without notice and with no liability to us. We reserve without limitation the right to edit, delete or change any Content or information on the Site.

It is the Users responsibility to keep up to date with the changes to these Terms although we will reasonably update you at such a time deemed appropriate solely by us.

By continuing to use our Site or Services after those revisions come into force, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site and all our Services.

Price Changes

We reserve the right to introduce fees or prices at any time.

Other Terms

Headings are for ease of reference only.

Within these Terms and our Privacy Policy, “including” is to be interpreted to mean “including but not limited to”.

Provision of our Services shall not create any relationship of agent and principal between you and us and neither you nor us have any power or authority to contract or to bind in the name of the other party.

No provision of these Terms is intended to be enforceable by any person other than you or us.

Any failure by you or us to exercise any remedy or rights under these Terms does not constitute a waiver of that remedy or those rights.

Transfer, assignment or sub-contraction of your rights to any entity or third party must not be done without our prior written or emailed consent.

If you are an account holder we reserve the right, without your consent, but with notice, to sub-contract or transfer any of our obligations stated in these Terms to any entity or third party. If you are a visiter then we reserve the right, without your consent to sub-contract or transfer any of our obligations stated in these Terms to any entity or third party.

Warranty

This website is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, we do not warrant that this website will be constantly available, or available at all, or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or employment matter you should consult an appropriate professional.

Indemnity

You agree to indemnify us, our affiliates, licensors, subsidiaries, assignees including their employees, directors and/or officers against all actions, proceedings, claims, costs (including expenses and legal), expenses and liabilities of every description arising from the exercise or the purported exercise in good faith of any of the Services or Terms and notwithstanding that they may have arisen as a result of a lack of care on the part of such person.

Breach

If you breach these Terms, without limiting any other remedies or rights, we may suspend, terminate, remove castings, revoke accounts, remove access to data, delete data permanently, issue verbal and/or written warnings or limit your activities on the Site or Services in any way we deem fit, without notice and with immediate effect.

Liability

Nothing in these Terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.

We, our affiliates, licensors, subsidiaries, assignees including their employees, directors or officers are not liable for any loss or damage to any User, any persons or third parties whether direct, indirect or consequential that arises from use or inability to use our Site, Services or Content including, but not limited to, jobs, job opportunities, castings, loss of business, customers, profit, revenues, loss of business or anticipated savings contracts, Software, data, time whether by tort (including negligence), equity, breach of contract, breach of statutory duty or otherwise, even if foreseeable.

You agree to give us time that we deem reasonable to correct or remedy any matter for which we may be liable before incurring any costs. We revoke liability for costs you incur before giving us a chance to remedy the matter.

If you are a customer then, without prejudice to other limitations of liability in these Terms, our total liability for your use of our Site is the total amount paid by you for the specific Service.

Governing Law

The construction, validity and performance of these Terms shall be governed in all respects by English law and you and us submit to the exclusive jurisdiction of the English courts in respect of any dispute relating to these Terms which also exclude the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

These Terms constitute the entire agreement between us regarding our Site and our Services, and replaces and supersedes any prior agreements we might have between us regarding the Site or our Services.

Contact Us

If anything is unclear or you have any questions about our Terms, then please get in contact at hello@auditionist.com

Terms of Use

By using Countryfi.com or any Countryfi-affiliated website, you agree to be legally bound by these terms, which shall take effect immediately.

If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use Countryfi.com or a Countryfi-affiliated website.

Countryfi may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by Countryfi. Your continued use of Countryfi.com or a Countryfi-affiliated website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Countryfi.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of Countryfi.com content requires the prior written permission of Countryfi (if you’re interested in becoming a Countryfi affiliate, please click here for more information).

You agree to use Countryfi.com and Countryfi-affiliated websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Countryfi.com.

Your use of Countryfi.com or any Countryfi-affiliated sites is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by Countryfi.

You represent and warrant that you (a) have not previously been suspended by Countryfi or otherwise banned from the site; (b) are not a direct competitor of Countryfi; (c) do not have more than one Countryfi account at any given time; and (d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

We grant you permission to use the site subject to the restrictions in these Terms & Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Countryfi does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.

User Accounts

You need to create an account and provide information about yourself in order to use some of the features on the site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

We reserve the right to close your account at any time for any or no reason.

Content

You can contribute to the site in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users’ contributions (your “Content”).

We may use Your Content in a number of different ways, including displaying it on the site, reformatting it, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us permission to use your Content for any purpose. You also irrevocably grant the site’s users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

You alone are responsible for your Content. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Countryfi.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We may remove or reinstate user Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Countryfi and its affiliates may display advertisements and other information adjacent to or included with your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Product Validity, Modifications & Amendments

All products, tours and services offered by Countryfi are valid as per the dates displayed at Countryfi.com or any Countryfi-affiliated website. Countryfi is not responsible or liable for any information that it does not directly provide.

All requests for modifications/amendments must be directed to the Countryfi Customer Care Team (click here to submit a “Date Amendment” request on an existing booking) who will process the request.

Countryfi does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our Customer Care team more than three (3) days ahead of your confirmed travel date.

It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.

All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; Countryfi cannot guarantee the success of any date-change request.

If you request a date change within three (3) days or less of your confirmed travel date, Countryfi will attempt to honor your request; however changes made three days or less from your original travel date may attract an additional fee. For multi-day and overnight tours, date changes made within seven (7) days of your confirmed travel date may also attract additional fees from our suppliers and/or service providers.

If you make a purchase using a Countryfi promotion code, or if you accept a discount or special-offer price during the Countryfi checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. Countryfi may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However Countryfi reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.

Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, Countryfi reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at Countryfi.com or through Countryfi-affiliated websites, at any time, for any reason.

In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.

Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.

For products noted as a “Worry-free Shore Excursion”, if you are not returned to the ship in time to board, we will arrange the necessary transport to the next port-of-call. This policy applies only to our contracted local suppliers and only when, through no fault or action of your own, you are not returned to the ship in time to board. The policy is void in instances where delay is caused by your own actions and/or you have deviated from the Countryfi activity or tour. You must supply Countryfi with correct arrival and departure ship information and ensure there is enough time (min. 2 hours) between the tour end time and the ship departure time. You must contact Countryfi directly to request next port-of-call transportation arrangements as customers cannot book their own travel. Countryfi will select and book travel to the next port of call (not to exceed US$1000 per person). In addition, if your ship misses a port of call or is delayed beyond the commencement time of your Worry-free Shore Excursion, simply contact Countryfi within 14 days. Pending verification of the ships actual itinerary, we will issue you a refund.

Disclaimers & Limitations of Liability

Under no circumstances will Countryfi or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Countryfi.com regardless of the form of action.

Countryfi and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.

Furthermore, Countryfi and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.

Countryfi’s content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Countryfi, Countryfi.com and/or to a Countryfi-affiliated website, service provider, operator and/or distribution partner  is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

At Countryfi we check and recheck the details about all the products and services we offer for accuracy. However, Countryfi does not warrant that functionality, content or information contained on Countryfi.com or any Countryfi-affiliated website will be uninterrupted or error free, that defects will be corrected, or that Countryfi.com or the servers that make it available are free of viruses or bugs.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Restrictions on Use

You agree that you will not, and will not assist or enable others to:

use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the site;

use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

use the site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

use the site to promote bigotry or discrimination against protected classes;

use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

use the site to submit or transmit pornography or illegal content;

use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;

use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content;

attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

Account Termination

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, your Content, Site Content, or any other related information.

You may terminate the Terms of Service at any time by closing your account and discontinuing your use of any and all parts of the Site. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.

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