This Agreement sets forth the terms and conditions between Asiascene Premium Services (“APS”) and users who use our services to purchase tours and travel services ("You"). This Agreement explains how You purchase tours and travel services and specifically limits the liability of Asiascene Premium Services.
You must read this Agreement before using the site and booking a tour. Use of the site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
Asiascene Premium Services offers You tours and travel related services. We do this through our website, asiascene,org ("Site"), which is a communications and payment processing system that enables the connection between You and APS.
You understand that the Tour Guides featured on the Site are independent contractors and that the Tour Guides are not employees of APS. You hereby understand and expressly agree that Asiascene Premium Services does its best to control the quality of the services actually delivered by the Tour Guides, but cannot be held liable for the integrity, responsibility or any of the actions of the Tour Guides.
By using this Site, you agree to report any alleged improprieties of any Tour Guides to APS immediately.
You may seek the services of APS through the use of the Site. Once APS has accepted your request for service and your payment has been processed, there is a binding contract between You and APS.
APS uses a third party service to process your credit card information. For further information regarding that service, please contact the credit card processing company. You hereby agree to hold APS harmless for any damages that may result should any personal information about You be released by any third parties.
Any cancellation by You must be made by email and acknowledged by APS. The date on which the request to cancel is received by APS will determine the refund due as follows:
Cancellation 60 days or more before departure: Amount paid less payment handling expenses.
Cancellation 59 to 22 days before departure: deposit paid (less payment handling expenses) or 80% of tour price if paid in full.
Cancellation less than 21 days before departure: no refund
You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.
In some cases, a tour may be cancelled due to weather or other circumstance. In this event, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour, if less, will be refunded by APS.
APS is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.
You acknowledge that all travel involves an element of risk that cannot be controlled by APS. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release APS and the assigned Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the assigened Tour Guide or any employee, officer, agent, contractor or assign of APS, whether such negligence is passive or active.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Neither APS or the assigned Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.
The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with APS unless you first obtain express written permission from APS.
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. APS is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
APS uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information regarding that service, please contact the credit card processing company.
PayPal - www.PayPal.com
APS reserves the right to make changes to this Agreement from time to time. APS shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or e-mail notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, APS may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of APS as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information Provided by You); Section 8 (Term of Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Trademark Rights); Section 12 (Disclaimer of Warranties); Section 13 (Limitation of Liability); Section 15 (Legal Claims); and Section 16 (Miscellaneous Provisions).
Should You violate the terms of this Agreement, APS reserves the right, without prejudice to any other rights or remedies available, to terminate your use of this Site immediately at its sole discretion.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by APS, or is used with the owner's permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of APS.
The service marks and trademarks APS and the APS logo are service marks owned by Asiascene Premium Services. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of APS or the applicable owner.
Asiascene Premium Services is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the APS Site.
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. APS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Under no circumstances will APS be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Asiascene Premium Services arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to APS under this Agreement.
Any notice or other communication to be given hereunder will be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail.
For all disputes between APS and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and APS, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of Hong Kong, and you hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in Hong Kong within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.