Introduction
The document, named "Terms of Use," regulates the terms and conditions that govern the access to and use of the website located at www.snowfalltravel.com (the "Website"), which is owned and operated by Snowfall Services Ltd. (referred to as "we" or "us"). Your access or use of the Website constitutes your acceptance of these Terms of Use and our Privacy Policy, which is herein incorporated by reference. The document contains the following information:
1. Who We Are And How You Can Contact Us
2. Terms Associated With Use Of The Website
3. Prohibited Use Of The Website
4. Other Terms
5. Warranties
6. Limitation Of Liability and Indemnity
7. Copyright
8. If We Amend These Terms
10. Your Personal Information
11. Breach Of These Terms
12. Law And Jurisdiction
Who We Are And How You Can Contact Us
This website ("the Website") is the exclusive property of Snowfall Limited ("the Company"), a corporation incorporated and registered in accordance with the laws of England and Wales, bearing company registration number 12356236 and whose registered office is located at 3rd Floor, 6 Wellington Place, Leeds, England, LS1 4AP, United Kingdom. The Company is the sole proprietor and operator of the Website. To communicate with the Company, kindly direct all enquiries to the following email address: legal@snowfalltravel.com.
Terms Associated With The Use of the Website
Access to and use of any information contained on this website ("the Website") is conditioned upon the acceptance of the following terms and conditions ("the Conditions") by the user ("the User"). The User is advised to carefully read and understand the Conditions before accessing or using the Website. In the event that any part of the Conditions is not accepted by the User, access to and use of the Website must be terminated immediately. The Conditions are subject to change by the Website owner from time to time, without notice..
Snowfall Ltd, the Website owner reserves the right to transfer its rights and obligations under these Conditions to any third party, without adversely affecting the User's rights under these Conditions.
The User acknowledges that when accessing the Website or sending emails to the Website owner, electronic communication is being used. The Website owner will also communicate with the User through electronic means. The User agrees that all notices, agreements, disclosures, and other communications that the Website owner provides to the User electronically will satisfy any legal requirement that such communications be in writing.
By using the Website, the User warrants to the Website owner that:
The Website or any material or information contained therein will not be used for any purpose that is unlawful or prohibited by these Conditions;
The User is at least 18 years old and has the legal authority to use the Website in accordance with these Conditions;
The User agrees to be financially responsible for all charges, fees and other sums of whatever nature which arise out of their use of the Website; and
All information provided by the User about themselves and any other person shall be true and accurate.
Prohibited Use Of This Website
It is hereby explicitly stated that the use of the Website for any unlawful or prohibited purpose is strictly proscribed and any such use is deemed unacceptable. You, as the user, agree to fully comply with all applicable laws and regulations in connection with your use of the Website. Without obtaining our prior written consent, you are expressly prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products, or services obtained from the Website. Any unauthorised use of such materials shall be considered a violation of our proprietary rights, and we reserve the right to take any and all legal actions available to us to protect our interests.
You hereby agree and covenant not to utilise the Website in any manner that would infringe upon the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights. Further, you agree not to utilise the Website in any way that would violate any applicable local, national, or international laws or regulations, or engage in any behaviour that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect. You shall not engage in any conduct that is harmful, offensive, or inappropriate, including but not limited to harassment, stalking, or discrimination. You shall not utilise the Website for the purpose of harming or attempting to harm minors in any way, bullying, insulting, intimidating, or humiliating any person, or sending, knowingly receiving, uploading, downloading, using, or reusing any material which does not comply with our content standards. You shall not transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (spam), or attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, logic bombs, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Finally, you shall not attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.
You hereby agree and acknowledge that you shall not engage in the following activities in relation to our site:
Reproducing, duplicating, copying, or reselling any part of our site, in violation of the terms and conditions set forth in our Website Terms of Use.
Linking, including deep linking, to our website, or accessing, monitoring, or copying any content or information of this site using any robot, spider, scraper, or other automated means or any manual process for any purpose without obtaining our prior written agreement.
Accessing without authority, interfering with, damaging, or disrupting any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
We hereby reserve the unequivocal and unilateral right to suspend or terminate your access to the Website without prior notice for any reason whatsoever, including but not limited to any violation of the prohibitions contained herein or any other reason, at our sole discretion.
Other Terms Which May Apply To You
These Terms of Use incorporate by reference the following additional terms, which are applicable to your use of our website:
Our Privacy Policy;
Our Cookies Policy; and
Our Data Processing Addendum.
By accessing or using any of our services after registering with Snowfall or any of its services, you agree to be bound by our Services Agreement.
Warranties
Snowfall Limited, a company registered in England and Wales, is bound by the laws thereof, unless otherwise stipulated in the Services Agreement. The Website, along with its materials, content, products, information, and services, is offered to you on an "as is" and "as available" basis, without any express or implied warranties regarding the accuracy or completeness of the information or materials. Such warranties include, but are not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We hereby make no warranties, promises, or representations of any kind, under English law or the laws of any other country, as to the content of this website or the nature or suitability of any services provided by us or on our behalf. The information contained on this website may contain technical inaccuracies, typographical errors, or other errors that may be updated from time to time and may at times be out of date. If any price or other information is obviously incorrect, we shall not be bound by it. It is your responsibility to verify all details, including the price, of the chosen arrangements with us at the time of using our services.
We provide no warranty or guarantee that the Website, or any portion thereof, will operate uninterrupted or error-free, that any defects will be corrected, or that the Website or its hosting servers are free from viruses or other harmful components. We also make no warranties or representations concerning the use of the Website or any materials or content contained therein, including, but not limited to, its accuracy, timeliness, reliability, correctness, or suitability for any particular purpose. Furthermore, this Website, or any of its constituent parts, including any linked websites, may not be compatible with your computer or browser configuration, and we disclaim all warranties in this regard. It is your responsibility to perform sufficient checks, including virus scans, to meet your specific requirements.
We shall not be liable for any loss, damage, or claim of any kind, whether direct, indirect, or consequential, arising directly or indirectly from your use of this Website.
This Website may include links to other websites, none of which are under our control or maintenance, except where explicitly indicated. We are not responsible for the content of such external websites, and we provide such links only for your convenience. We do not endorse or monitor the material contained on these linked websites and accept no liability for any content or information that may be found on them after leaving our Website by means of a hypertext link or otherwise.
Limitation of Liability and Indemnity
Under no circumstances shall we, our affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, including but not limited to, direct, indirect, special, incidental, consequential, or punitive damages, arising out of or in connection with your use or inability to use the Website, any websites linked to it, any content on the Website, or such other websites. This includes, but is not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, and regardless of the legal theory under which such damages are sought.
Please note that different limitations and exclusions of liability may apply to liability arising as a result of the supply of services to you, which will be set out in our Services Agreement.
We hereby exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it, to the fullest extent permitted by law.
However, we do not exclude or limit our liability to you where it would be unlawful to do so, including in cases of death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
In consideration of the access granted to you to use the Website, you hereby agree to defend, indemnify, and hold harmless us, our affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your use of the Website, any User Content you submit, or your breach of these Terms or any applicable law or regulation.
Copyright
This website and all of its components, features, and functions (including, but not limited to, all information, software, text, displays, images, videos, and audios, as well as their design, selection, and arrangement) are the exclusive property of us, our licensors, or other providers of such materials. They are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws in the United Kingdom and internationally. Unless otherwise specified, the trademarks, logos, and service marks displayed on our website are our intellectual property. No right to use any of them is granted without our prior written consent.
We publish the content of this website, and it may not be reproduced except for downloading, viewing on a single computer, and/or printing a single hard copy for private purposes only.
The Website may be used by you solely for personal, non-commercial purposes. You are prohibited from engaging in any of the following activities with any materials found on the Website, unless you fall under one of the following exceptions:
Reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material found on the Website.
The only exceptions are as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
In the event that you engage in unauthorised conduct, including but not limited to printing, copying, modifying, downloading, or otherwise utilising or granting access to any portion of the Website in contravention of these Terms, your right to access and use the Website shall terminate forthwith. You must, at our discretion, either relinquish possession of any copies of the materials made or destroy them. All rights are reserved.
If We Amend These Terms
It is within our exclusive discretion to periodically modify and update these Terms. Any modifications or updates become immediately effective upon posting and apply to all subsequent access to and use of the Website. By continuing to use the Website after the revised Terms have been posted, you acknowledge and agree to the changes. We recommend that you review these Conditions each time you intend to use our Website, to ensure that you fully comprehend the terms and conditions that are currently in effect. Please refer to the “Last Updated” banner to ascertain the date of the most recent update.
Your Personal Information
We shall solely utilise your personal data in accordance with the provisions delineated in our Privacy Policy.
Breach of These Terms
In the event of a breach of the terms set forth herein, we reserve the right to take any actions that we deem appropriate. Your failure to comply with these terms constitutes a material breach of the Website Terms of Use that govern your use of our site, and may result in the following actions being taken by us:
Issuance of a warning to you;
Immediate, temporary, or permanent withdrawal of your right to use our site;
Initiation of legal proceedings against you for the reimbursement of all costs incurred on an indemnity basis, which may include but are not limited to reasonable administrative and legal costs, resulting from the breach;
Pursuit of further legal action against you;
Disclosure of information to law enforcement authorities as we reasonably deem necessary, or as required by law.
Law and Jurisdiction
Your access to this website ("Website") is contingent upon your unconditional acceptance and compliance with these terms and conditions ("Terms"). These Terms govern all information contained on this Website and all matters that may arise between you and us. By accessing or using this Website, you acknowledge that you have read, understood, and accepted these Terms. These Terms are governed and interpreted in accordance with English law. Any dispute or matter, including any non-contractual dispute or claim, that may arise between you and us shall be subject to the exclusive jurisdiction of the Courts of England and Wales to the exclusion of all other courts.
In the event that any exclusion or limitation contained within these Terms is found, in whole or in part, to be unlawful, void, or unenforceable for any reason, such exclusion or limitation, or the relevant part thereof, shall be considered severable and shall be excluded from these Terms for that purpose only. The validity, enforceability, or effectiveness of the remaining provisions of these Terms shall not be affected by such omission.
Unless expressly acknowledged and agreed in writing by us, any failure to enforce any right or provision contained within these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and us regarding the use of this Website and supersede all prior or contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
Junction Pay Terms of Use
These Junction Pay Platform Terms of Use (“Terms of Use”) describe the conditions subject to which You (“End-User”) may use and access Junction Pay, a digital platform developed by Junction Pay Limited, trading as Snowfall Limited, a company with headquarters at 3rd Floor, 6 Wellington Place, Leeds, England, LS1 4AP (registered in England and Wales: 13743762), (“Junction Pay”, “Snowfall”, “the Company”, “we” or “us”) and distributed through travel providers (road, rail, aviation etc.), hotels, destination management organisations and other travel industry stakeholders (“Providers”) to offer a catalogue of travel booking options, experiences, tours and activities (“Bookings”) and facilitate the making of such Bookings. The Junction Pay Platform (“the Platform”) will be available to You only through your interaction(s) with these Providers.
By accessing and using the Platform, you agree to be bound by these Terms of Use and any other terms incorporated herein by reference. If you don’t agree to these Terms of Use, you may not access and use the Platform. We recommend that you read these Terms of Use carefully to understand Your and the Company’s rights and obligations applicable to the Platform.
When accessing or making Bookings offered by Providers on third-party platforms integrated with the Platform (“Providers”) in connection with the Platform, your purchase will be subject to these Providers’ terms and conditions and Privacy Notice and as applicable to Providers’ terms and conditions and Privacy Notices.
Payment and e-money services are provided by The Currency Cloud Limited. Registered in England No. 06323311. Registered Office: Stewardship Building 1st Floor, 12 Steward Street London E1 6FQ. The Currency Cloud Limited is authorized by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money (FRN: 900199).
Junction Pay Limited, trading as Snowfall, is authorised and regulated by the Financial Conduct Authority. We use Currency Cloud’s services to ensure this. You can contact the FCA in the following ways:
Telephone: 08001116768 (or +44207 066 1000 from outside the United Kingdom)
Website: www.fca.org.uk
Post: 12 Endeavour Square, London, E20 1JN
Currency Cloud’s terms of use can be found at: https://www.currencycloud.com/legal/terms/terms-of-use-uk-cc-ltd
Access and Use of the Junction Pay Platform
Age restriction: The Platform is available only to natural persons over the age of legal majority in their country and who can enter into legally binding agreement(s) under applicable law. If you are not the age of legal majority, you should not use the Platform.
Service Overview: The Platform is a digital platform which provides a catalogue of online bookable Bookings, and which is made available to You through Your interactions with Providers. Each Provider will decide, at its own discretion, how to make the Platform and all information available through the Platform (“Junction Pay Content”) available to You. For example, a Provider may decide to (i) integrate the Platform in its own website, in which case you will have access to a listing and/or map of Bookings (pre-selected by Provider) through which you will be able to make bookings; (ii) show you the map of Bookings in person at the reception and, upon your request, trigger an email and SMS providing you access to the listing of selected Bookings. The means to provide you access to the Platform are not limited and may evolve from time to time.
Use of the Junction Pay Platform: After being redirected by a Provider to the catalogue and/or map of Bookings made available under the Platform, you will be able to access and, as applicable, make such Bookings. The making of Bookings will be performed through Providers, which are third parties aggregating Bookings and Providers and offering booking capabilities. Providers’ websites will be made available either through a redirection link or a booking widget embedded into the Platform.
Intellectual Property Rights and Scope of Use: Any intellectual property rights associated with the Platform remain the sole property of the Company, its Affiliates, or licensors (as the case may be) and nothing in these Terms of Use intends to transfer any intellectual property rights to, or to vest any intellectual property rights in you.
You may not use the Platform to: a) Copy, transmit, re-distribute, reproduce, replicate, repost or create a derivative based on the Company’s Platform related Content or any portion thereof, including incorporating any part of the Platform and related Content into any other website or service.
b) Try to modify, reverse engineer, reverse assemble or otherwise alter the Platform (except to the extent this is authorised by applicable law).
c) Do anything that is prohibited under applicable law.
d) Upload or transmit viruses or any other type of malicious code, spam, spyware or malware that may compromise the functionality of the Platform.
e) Share content that is misleading, inappropriate, unlawful, harmful, threatening, abusing, defamatory, pornographic, libellous, invasive or hateful.
f) For any commercial purposes.
Availability of Junction Pay Platform
The Company does not guarantee the availability of the Platform and reserves the right to modify or discontinue the Platform, on a temporary or permanent basis, at any time with no liability towards you or any third party.
User Content
If applicable, you will be solely responsible for the information, content, conversations, feedback, or other materials you transmit through the Platform (“User Content”).
You grant to the Company a perpetual, nonexclusive, worldwide, royalty free, fully paid up, transferable licence to use the User Content as necessary for the Company to provide the Platform to you and for any internal purposes, including to improve the Platform.
Data Protection
All the personal data collected through your use of the Platform will be subject to the Company’s Privacy Notice.
Third-Parties Websites and Content
The Platform may be embedded in Providers’ websites and/or contain links to Providers’ websites or interfaces to enable you to book Bookings offered by Providers. Such websites are controlled by Providers over which the Company has no control. Although the Platform provides a catalogue of Bookings and facilitates Bookings with Providers for the purchase of travel, such services do not constitute any sponsorship, affiliation, or endorsement of these Bookings.
We remind you that by accessing Providers’ websites or by making Bookings made available or suggested through the Platform on Providers’ websites, you agree to be bound by these third-parties’ policies and terms and conditions. We encourage you to review these terms and conditions and policies and to use them at your own risk. You will need to make your own independent judgement regarding your interaction with third party websites, including the purchase and use of any Bookings accessible through them.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE A PARTY TO ANY AGREEMENT ENTERED WITH ANY SUCH PROVIDER AND WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH PROVIDERS’ WEBSITES OR FOR ANY DIRECT OR INDIRECT CLAIM, BREACH, LOSS OR DAMAGE CAUSED OR ALLEGEDLY CAUSED BY OR IN CONNECTION WITH THE ACCESS OR USE OF SUCH THIRD-PARTIES’ WEBSITES.
Disclaimer of Warranties and Limitation of Liability
The Company has many sources of information and data that make up the information made available through the Platform. Although the Company tries to provide accurate information, the Platform may be subject to omissions and errors. The Platform and Junction Pay Content are provided ‘as is’. To the fullest extent permitted by law, the Company disclaims all warranties, either express or implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party’s rights and fitness for a particular purpose. The Company makes no representations or warranties that the Platform will meet your requirements and be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable.
You acknowledge and agree that your use of the Platform is at your own risk and that the Platform is made available to you at no charge. To the fullest extent permitted by applicable law, the Company and its affiliates will not be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages or any loss of income, profits, goodwill arising out of or in any way related to: i) The access and use of the Junction Pay Platform ii) Delay or inability to access the Platform iii) Virus, bugs, trojan horses, software, information, third-parties’ linked websites, services obtained through the use of the Platform or any other matter relating to the service, whether based on contract, tort, strict liability or otherwise, even if the Company, its affiliates or any of its suppliers have been advised of the possibility of such damages. These terms and conditions do not affect any of your statutory legal rights that cannot be excluded by law. If you are not satisfied with any portion of the Platform or with these terms of use, your sole and exclusive remedy is to discontinue use of the Platform.
Indemnification
You agree to release, indemnify, defend and hold the Company and its Affiliates, licensors and its and their officers, directors, employees and agents harmless from and against any liabilities, judgments, penalties, fines, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Platform, your violation of these Terms of Use or any documents referenced herein or your violation of any applicable law or the rights of a third party.
General provisions
Entire Agreement: These Terms of Use are the complete and exclusive statement relating to its subject matter and supersede all prior communications (oral or in writing) between you and the Company.
Assignment: We may transfer any of our rights or obligations under these Terms and Conditions to any of our affiliates or any third party designated by the Company.
Changes: Any new functionalities of the Platform will be subject to these Terms and Conditions. We reserve the right to amend sections of these Terms of Use at any time. The latest version will always be available on the Company’s information website (www.SnowfallTravel.com) and each time you access the Platform through your interactions with a Provider. Please read these Terms of Use from time to time to review the changes as they are binding to you. Your continued use of the Platform following the posting of changes to these Terms of Use or other policies means you accept the changes.
Severability: If any provision (or part thereof) of these Terms of Use is held by any court, or other competent authority to be void or unenforceable in whole or part, such void provision shall be deemed to be replaced by an enforceable provision with the closest effect possible to the original provision and these Terms of Use shall continue to be valid with respect to the other provisions and the remainder of the affected provisions.
Waiver: Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of our rights or remedies.
Governing Law and Jurisdiction: This Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) is governed by the laws of England and Wales, without regard to the conflict of laws principle. You agree, for the sole benefit of us, that the courts of England and Wales, shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) You may have against us and/or our Affiliates arising out of or in connection with these Terms of Use. Nothing in this section shall limit our right to take proceedings against You in any number of other courts of competent jurisdiction (including arbitration courts), whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Contact Details
If you have any questions, comments, or complaints about these Terms of Use, please contact our compliance manager in one of the following ways:
Email: compliance@snowfalltravel.com
Post: Junction Pay Limited t/a Snowfall Limited, 3rd Floor, 6 Wellington Place, Leeds, England, LS1 4AP