GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE HALAL AWAY WEBSITE1. ACCEPTANCE OF THE TERMS
Last Updated on 25 July 2018
Last Updated on 25 July 2018
Thank you for using Halal Away. These General Terms of Service (the "Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Halal Away website at http://halal-away.com/ (the "Website”), including but not limited to delivery of information via the Website.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Zavia Holdings Ltd., trading as Halal Away,
You can accept the Terms by:
• Clicking to accept or agree to the Terms, where this is made available to you in the user interface of the Website; or
• Actually using the Services. In this case, you understand and agree that Halal Away will treat your use of the Services as an acceptance of the Terms.
Zavia Holdings Ltd. is a private limited company registered in the United Kingdom, providing the Services offered through the Website. Address: Kemp House 160 City Road London EC1V 2NX UNITED KINGDOM, Company number: 11661962.
"Content" will include (but is not limited to) location maps, customer reviews, booking and/or enquiry forms and all additional information, content and data relevant to the customer travel requirements, and all other forms of information or data.
Halal Away Content
"Halal Away Content" means content that Halal Away creates and makes available in connection with the Services, including, but not limited to: interactive features, graphics, design, and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and Third Party content. "Third Party Content" means content that comes from parties other than Halal Away, its Users or Hosts and is available in or through the Services.
"Host” means a third party which provides travel products and services, including but not limited to tour packages, excursions, attractions, tour guides, private transport etc. available on the Halal Away platform.
"Host Content” includes content, such as Tour Packages including but not limited to images and videos submitted by Hosts on the Halal Away website.
"Services" include any and all services, which Halal Away may offer to the User, through the Website, including the provision of a web platform and marketplace, which connects Users with Hosts.
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for booking, searching tour packages, sharing, transacting and uploading information. A User may also include any Host, as defined below.
"User Account" is a separate part of the Website, containing User or Host information required by Halal Away during registration. The User Account is accessed by the User or Host through entering an email and a password or through a Facebook or Google account.
"We", "us" or "Halal Away" refers to Zavia Holdings Ltd, office at Kemp House 160 City Road London EC1V 2NX UNITED KINGDOM enables users to use the Services of the Website, which are the subject of these Terms of Service.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website. It includes but is not limited to what you upload or share with the Services, such as reviews, images and messages.
3. USING THE SERVICES
You hereby represent and warrant that you are at least eighteen (18) years of age and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Every User and/or Host must create a User Account and provide certain information about themselves in order to use (some of) the Services that are offered through the Website. Every User and/or Host is responsible for;
• Maintaining the confidentiality of their User Account password
• All activities that occur in connection with their User Account
• Agreeing to notify us immediately of any unauthorized use of their User Account
We reserve the right to close User Accounts at any time for any or no reason.
A Host’s User Account is for commercial use only. Hosts may list Muslim friendly only Tour Packages through their User Account, which will be visible on the website. Halal Away does not have an obligation, nor does it represent that Tour Packages listed by Hosts are checked for suitability or accurateness. It is the responsibility of Hosts to list and submit Muslim friendly Tour Packages only. Halal Away disclaims any responsibility for non-halal Tour Packages listed by the Hosts on the Website.
Communications from Halal Away
By creating a User Account, Users and Hosts agree to receive certain communications including Newsletters, any other marketing materials as well as information relevant to your travel enquiry and booking confirmation.
4. CHANGES TO THE TERMS
Halal Away may amend, change or update these Terms of Service entirely at its own discretion. We will do our best to notify Users and Hosts by email if we change our Terms and Policies, however if we fail to do so, Users and Hosts will still be bound by the changes. Users and Hosts shall be responsible for checking these Terms, from time to time.
5. TRANSLATION OF THE TERMS
Halal Away may provide a translation of the English version of the Terms into other languages. Users and Hosts understand and agree that any translation of the Terms into other languages is only for convenience only and that the English version shall govern the terms of your relationship with Halal Away. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
6. HALAL AWAY SERVICES
Halal Away only acts as an intermediary between Users and Hosts. Our Website provides Muslim friendly tours and activities. All listings shown on our website are subject to availability. We cannot guarantee that any of the offers will remain available for a given period of time.
The Tour Packages added by Hosts are subject to prior review and approval by Halal Away before it is made available for booking on the website. Halal Away observes the right to remove or decline any Tour Packages listed by Hosts. The Tour Packages listed by Hosts available for booking on our platform shall contain all information which is needed for your travel. Please make sure you read all the information carefully, to avoid any confusions. If you doubt any piece of information in the Tour Packages, please contact the host in the first instance then customer support at firstname.lastname@example.org.
Halal Away provides an online platform through which you can find exclusive deals with Hosts and enter into a contract with the said Hosts for the provision of tour services. Any contracts which you enter into through our platform, constitute contracts between yourself and the Host in question. You do not enter into a contract with Halal Away, except when agreeing to these Terms.
Halal Away strives to choose and collaborate only with high quality Hosts. However, we do not carry any liability for the actions or inactions of any Hosts you have contracted with through our platform, including if the Tour Packages do not include halal food only. In case you have any issues or concerns regarding a Tour Package following its purchase, you must contact the Host, who listed the given Tour Package.
7. TOUR PACKAGE BOOKINGS
By booking a Tour Package through our Website, you agree that you will be under an obligation to pay for the booked Tour Package.
Eligibility and Availability
Before you book a Tour Package, please make sure that you and any other person you plan on travelling with, are eligible and available for the travel and dates. Such as availability, age, visa requirements etc. It is your responsibility to make yourself familiar with the terms of the Tour Package before booking it.
Depending on the type of booking option, payment is available as soon as a confirmation by the Host is received. Bookings are not confirmed until a final payment is made.
If you have any food or special needs requirements or medical conditions, please let the given Host know as soon as possible.
All Tour Packages available on the Website are subject to the availability of the relevant Host, which will be listed on the specific Tour Package page on the Halal Away website. If for any reason a confirmed booking can no longer be accepted, the Host will make sure to inform you in due course and strive to provide a suitable and an alternative solution. In case a booking cannot be guaranteed or needs cancellation, the full amount will be refunded back to the customer in due course.
All prices quoted on the Website are published as net rates and include VAT.
Halal Away will not be liable for any charges deducted by banks, conversion rates and other commissions or fees that merchants or intermediaries may take in the payment process. Those charges shall be borne by the User.
All payments made on the Website are processed through PayPal. You will need a PayPal account to make bookings on the Website.
Halal Away accepts and administers payments on behalf of the Hosts.
Halal Away acts solely as an agent between the customer and the Host. Any invoice we have issued represents the amount you have paid to us when making a reservation and is subject to the terms of this clause.
All payments made are irrevocable. In the event of fraud, theft or loss of card or account, Users shall make an indemnity claim through their bank to recover any amounts taken because of such fraud, theft or loss of card or account.
Hosts can request for payments received from the Tour Packages listed at the end of each month after all tours are conducted from the ‘My Wallet’ feature of their account. The payment is released on the 5th business day of the following calendar month. Hosts will receive payment for bookings minus the agreed commission fees via PayPal or bank transfer when possible.
11. AMENDMENTS AND CANCELLATIONS OF BOOKINGS
Amendments/Cancellation by the Host
The Host may sometimes make a change to a Tour Package. The Host will notify you of any significant changes as soon as possible and give you an appropriate explanation of the reasons for this change.
If a change occurs, we will always give you one of the following options:
i. Accept the change; or
ii. Cancel the order and receive your money back.
Halal Away is not responsible for any such changes and will not be liable in any way for any expenses or losses incurred by you because of such change.
If a booking is cancelled by Host due to Force Majeure or minimum number of people required for the provision of service is inadequate, you will be immediately notified by the Host and receive a full refund minus payment processing fees (if any). Please refer to our Cancellation Policy for more details. Any refunds may be made excluding charges deducted by banks, conversion rates and other commissions or fees that merchants or intermediaries make take in the payment process.
Amendments/Cancellations by You
- If you do wish to make any amendments to your booking, contact your Host to discuss
- If you cancel your booking 31 or 31 + days prior to scheduled service: 90% refund, minus payment processing fees (if any)
- If you cancel your booking 15-30 days prior to scheduled service: Partial refund of 80%, minus payment processing fees (if any)
- If you cancel your booking 7-14 days prior to scheduled service: Partial refund of 50%, minus, payment process fees (if any)
- If you cancel your booking 0-6 days prior to scheduled service or do not show up: No refund
Any refunds may be made excluding charges deducted by banks, conversion rates and other commissions or fees that merchants or intermediaries make take in the payment process.
12. INSURANCE AND LICENSE
We strongly always advise you to have a valid travel/health insurance. It is your responsibility to obtain an insurance if you wish to do so.
Depending on activities involved, certain tours or activities may require a Host to obtain a business license or permit to legally operate in the country you are located. It is your responsibility as Host to check local laws in your area to determine which licenses may be required.
As part of the Host application process Hosts are required to confirm if they are operating as a registered business and have the appropriate license and insurance to offer Tour Package services to Users if applicable. Halal Away only confirms the existence of such business license and insurance but does not proof its accuracy and suitability. It is the Host’s responsibility to ensure they abide by their local laws to offer tours and activities to travellers.
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by Halal Away.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; 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 unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Website and their Services. User reviews do not reflect the opinion of Halal Away.
Right to use Your Content.
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content worldwide. This includes the right to sub-license and transfer.
By "use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
Ownership of Content
As between you and Halal Away, you own Your Content. We own the Halal Away Content, including, among others, visual interfaces, interactive features, graphics, design, including (but not limited to) our database of user content and other Website Content, computer code, products. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Halal Away Content, the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Halal Away Content, in whole or in part, except as expressly authorized by us. Hosts own Host Content.
14. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above-mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, Zavia Holdings Ltd. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. HALAL AWAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE HALAL AWAY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH HALAL AWAY, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
HALAL AWAY MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS HOSTS OR INSURERS THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. HALAL AWAY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
HALAL AWAY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT YOU HAVE PAID TO US.
HALAL AWAY DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
17. DISPUTE RESOLUTION
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.
In the event of a claim or a complaint, you must address any such complaint to us within a period of 14 days following the end of the agreed service.
Claims shall be limited to problems experienced relating to a booking made with the Host, which were reported to the Host at the time of your tour. The Host shall be given the opportunity to cure any such problems during your tour. Claims regarding damages, loss of profits, theft or luggage or any other personal objects shall be excluded under this agreement.
Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Halal Away for accessing the Website and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of Halal Away.
This Agreement and all rights and obligations in connection with it are governed by the laws of the English law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent Court in England and Wales.
ii. We may close your User Account and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Your Content, Host Content, Halal Away Content and/or any other related information.
iii. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
20. GENERAL TERMS
i. We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
ii. We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
iii. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
iv. The Terms contain the entire agreement between you and Halal Away regarding the use of the Website.
v. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
vi. The section titles in the Terms are for convenience only and have no legal or contractual effect.
To address a question or to receive further information regarding the Services, please contact Halal Away using one of the following methods:
Address: Unit 17119 PO Box 6945, London W1A 6US, United Kingdom