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Junction Pay Terms Of Use

Effective Date: August 2022

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 10-12 East Parade, Leeds, West Yorkshire, England, LS1 2BH (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.

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

CurrencyCloud’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, 10-12 East Parade, Leeds, LS1 2BH

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