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Terms and Conditions of Use, Privacy Policy, and Purchasing and Services Terms and Conditions
Terms and Conditions of Use General terms of use References in these terms of use to "we", "our" and "us", etc. are references to us, Experiences in Literature Shakespeare Summer Symposium. Your use of our website at www.shakespearesummer.com is subject to these terms of use. If you do not agree to these terms of use, you are not authorized to use or continue using our website. We may amend these terms of use at any time and any revised version will be effective immediately that it is displayed on our website. The information contained in this website is for general information purposes only. The information is provided by “Experiences in Literature” and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of “Experiences in Literature”. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, “Experiences in Literature” takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. The use of this website is subject to the following terms of use: • The content of the pages of this website is for your general information and use only. It is subject to change without notice. • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). • You may not create a link to this website from another website or document without [business name]'s prior written consent. • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales. Additional terms of use Additional terms of use apply to the use of certain areas or features of our website. These additional terms of use are set out on the relevant pages of our website and form part of these terms of use as if set out in full below. However, in the event of any conflict between these terms of use and any additional terms of use, the latter shall prevail. Copyright and trademarks We own or are licensed to use all copyright and other intellectual property rights in and to our website, its design and content, and all technical infrastructure relating to it. Material contained in our website may be downloaded, viewed and printed for personal non-commercial use or for internal non-commercial circulation within your organization provided that no trade mark, copyright or other proprietary notices contained in or appearing on such material are removed in whole or in part. Material contained in our website may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written permission. In particular, it must not be reproduced or exploited for commercial gain. All other rights are reserved and you must ask our permission before making any other use of material contained in our website. This permission to reproduce material does not extend to material identified as belonging to third parties, where you must obtain the permission of the relevant owners before reproducing such material. The trademarks and logos used and displayed on our website are our registered and unregistered trademarks or those of others. You may not use these trademarks without our prior written permission or that of the owner(s) of the trade mark(s) in question. This website and its content is copyright of “Experiences in Literature" - © “Experiences in Literature” 2008. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: • you may print or download to a local hard disk extracts for your personal and non-commercial use only • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Privacy policy Please read our Privacy Policy which explains the basis upon which we will hold, process and use any personal data which you provide to us. Accessibility We aim to make our website and the material provided on it accessible to as many people as possible. We try to make our website compatible with all browsers, but you may see inconsistencies in the presentation of pages if you are using an older browser. Our website has been optimized for Internet Explorer (version 5 and above) and Netscape Navigator (version 5 and above). Equality and Diversity We believe in treating all individuals fairly and with equal respect and we would invite you to read our Equality and Diversity Policy. Your obligations when accessing our website In accessing any part of our website, you agree: • not to use our website in such a way that disrupts, interferes with or restricts the use of our website by other users; • not to upload, display or transmit any materials to or through our website which are false, plagiarized, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights (including copyright) of any other person anywhere in the world; • not, except insofar as permitted by law, to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our website or attempt to transmit to or via our website any information that contains a virus, worm, Trojan horse or other harmful or disruptive component; • not to change, modify, delete, interfere with or misuse data contained on our website and entered by or relating to any third party user of our website; and • to indemnify (pay) us for any loss, expenses or damage we suffer or incur if you breach any of these obligations or any other provision of these terms of use. Passwords If required to use a password to access any part of our website, you agree: • to ensure that any details supplied to us in order to register for such access are accurate and to advise us promptly in the event that any such details change; and • to keep confidential any personal login password provided by us and to be responsible for any loss or damage resulting from use of any such password by any third party. We reserve the right to terminate your access to password protected parts of our website if we consider that you are using our website in a manner detrimental to us or to our website or to other users. Exclusions and limitations of liability Owing to the nature of the Internet we cannot guarantee that our website or the websites to which it is linked will always be available to you. We also cannot guarantee that any material which you download from or access on our website or the websites to which it is linked will be free from infection, viruses and/or other code that has contaminating or destructive properties. You should therefore ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet. Our website has been prepared with the primary aim of providing general information about us and what we do, and is not intended to constitute specific advice in relation to any of your particular requirements. Although every reasonable effort has been made to ensure that the information and material we have prepared for our website was accurate at the time of publication, it is subject to variation at any time without notice and we give no warranty whatsoever that any information or material on our website will be accurate or complete at any particular time or at all. If you believe that any information or material which we have prepared for and published on our website is inaccurate please let us know and we will correct it, where we agree, as soon as is reasonably practical. Where we make research papers and other third party material available on our website, we do not control and do not necessarily endorse their contents or findings in any way, and we are not responsible for the accuracy or otherwise of such material. We provide most information, material and services on our website free of charge. Where not charged for, the information, material and services are provided on an 'as is' and 'as available' basis and we accept no liability for such information, material and services provided. Where you rely on any free information, material or services on our website, you do so entirely at your own risk and you accept that, except as set out in these terms of use, all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of such information, material and services are excluded to the fullest extent permitted by law. Where we charge for information, material and services provided on our website, we accept liability for direct loss arising from our not having used reasonable skill and care in providing such information, material and/or services up to the price you have paid us (or are due to pay us) for the information, material and/or services in question in any year, in the year of claim. In no circumstances shall we be liable to you for, in the case of non-chargeable information, material and services any direct, and for both chargeable and non-chargeable information, material and services any indirect or consequential loss, loss of profit, revenue or goodwill resulting or arising from your use of or inability to use our website or any other website linked to it, or from your reliance on the information, material and services provided on our website or information, material and services accessed through it. Nothing in these terms of use is intended to exclude our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation. Links You may create a hypertext link to the homepage of our website at www.shakespearesummer.com provided such link is not used in a misleading or defamatory context. You may not create links to any other page or file forming part of our website without our prior written permission. Links from our website are provided for information and convenience only and we have no control over and cannot therefore accept responsibility or liability for the content of any linked third party website. We do not endorse any linked website or any products or services offered from such a website. Jurisdiction Our website has been designed and these terms of use shall be governed by and construed in accordance with United States law. Any dispute arising out of the accessing or use of our website shall be subject to the jurisdiction of the United States courts. General Nothing in these terms of use is intended to, nor shall it, confer any benefit on a third party. You may not assign or transfer your rights under these terms of use without our prior written permission. Our failure at any time to enforce any right we may have against you does not result in our waiver of such a right. If at any time any provision of these terms of use is or becomes invalid or illegal in any respect, such provision shall be deemed to be severed from these terms of use but the validity, legality, and enforceability of the remaining provisions of these terms of use shall not be affected or impaired as a result.
Privacy Policy This privacy policy sets out how “Experiences in Literature” uses and protects any information that you give “Experiences in Literature” when you use this website. “Experiences in Literature” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. “Experiences in Literature” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date]. What we collect We may collect the following information: • name and job title • contact information including email address • demographic information such as hometown, zip code, preferences and interests • other information relevant to customer surveys, session interests, and/or offers What we do with the information we gather We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: • Internal record keeping. • We may use the information to improve our products and services. • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. • We may use the information to customize the website according to your interests. Security We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Links to other websites Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. Controlling your personal information We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you, please write to Jill Gardy, 162 S Pontiac Trl, Walled Lake MI 48390, or email jgardy@shakespearesummer.com. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Purchasing and Services Terms and Conditions Definitions "Company" is Experiences in Literature company hosting Shakespeare Summer Symposium program sessions "Customer" is the individual or party who purchases goods and services of Experiences in Literature's Shakespeare Summer Symposium Sessions "Session" is any session of the Experiences in Literature's Shakespeare Summer Symposium program which has been purchases by the Customer PAYMENTS Deposit A sum of $200 USD is payable as a Deposit to Experiences in Literature (“Company”) upon booking of Shakespeare Summer Symposium (“Session”) by purchaser (“Customer”). This Deposit is due by 21 days before the start date of the selected session. Deposit is refundable until 14 days before the first day of the selected Shakespeare Summer Symposium Session and is non-refundable after 14 days before the start date of the selected Session. Balance payment The balance of the Session Cost must be paid at least 14 days before the start date of the selected session. If such payment is not made, the Company reserves the right to treat the Session as having been cancelled by the Customer and a Cancellation Fee of as indicated herein will apply, in addition to the Deposit being forfeited. Mode of payment All payments are to be made to the account of the Company through the use of PayPal located on the www.shakepearesummer website. CANCELLATIONS Cancellation notice The cancellation of the Session by the Customer for any reason must be notified in writing to the Company. The cancellation notice must be received by the Company prior to 14 days before the start date of the selected Session at its email address shown herein and, once it is given, the cancellation notice cannot be revoked without the consent of the Company, which consent may be withheld at the Company’s absolute discretion. Please note the terms of the Cancellation notice may be further superseded by the Session Leader’s Terms & Conditions. Cancellation fee On cancellation by the Customer, the following cancellation rates will be due and payable to the Company: Full payment is refundable up to 14 days before the start date of the selected Session. 50% of full payment is refundable for cancellations occurring until 7 days before the start date of the selected Session. 0% of the full payment is refundable for cancellations occurring within 7 days before the start date of the selected Session. Set-off Without prejudice to the Company’s rights to recover full payment of the cancellation fee and any outstanding sums from the Customer, the Company may deduct the cancellation fee from the Session Cost or the deposit paid by the Customer and will refund the balance thereof (if any) after such deduction to the Customer without interest. CHANGES Changes requested by Customer Where possible, the Company will try (but will not be obliged) to accommodate any request for changes which the Customer may wish to make to any travel arrangement, accommodation or itinerary relating to the Session, if such request is made in good time before the date of departure. The Company will be entitled to charge an Administrative Fee of $200.00 for each request for change. Any change, if agreed to by the Company, may be subject to such conditions (including an increase in the Session Cost) as the Company may impose. Changes by Company The Company reserves the right at any time (whether before or after departure) to substitute any travel arrangement, accommodation or itinerary relating to the Session with alternatives of similar value in the Company’s opinion. The Company will, where possible, notify the Customer in advance of any such change and will not be liable to the Customer for any changes made. Force Majeure The Company shall not be liable in any way to the Customer or any other person if the Session has to be varied or cancelled or the Company is unable to perform its obligations in any way whatsoever by reason of any event or circumstance beyond the control of the Company (including but not limited to war, civil disturbance, inclement weather, riots, fire, floods, government regulations, labor or industrial disputes, Act of God or other force majeure events). SESSION COST Changes to Session Cost The Session Cost is subject to change owing to variations in travel prices and taxes, other transport costs, hotel rates, government tax, etc., and the Company therefore reserves the right to vary the Session Cost accordingly without notice. Coverage The Session Cost covers only: • International and/or domestic travel if this is expressly stated in the Session Inclusions; • Accommodation at double occupancy rates; • Meals and refreshments as specified in the Session Inclusions; and • Transfers, tours, and any other item expressly stated in the Session itinerary; All other costs including airport taxes, security taxes, fuel surcharges; fees and expenses incurred before and/or during the session are to be borne by the Customer. Refunds Unless otherwise expressly stated in these Terms and Conditions, the Company will not be obliged to refund the Session Cost or any part of it paid by the Customer. In particular, the Company will not be obliged to make any refund: • in respect of any flight, accommodation, transport, meal or other service or amenity included in the Session Cost but not used; or • if the Customer does not complete or ceases his participation in the Session for any reason. OTHER PROVISIONS Relationship with suppliers All arrangements relating to the Session, including transport, accommodation and other services, are made by the Company with the suppliers of such services acting as independent contractors. The Company is not the principal or employer or agent of these suppliers and shall not be liable in any way to the Customer or any other person for the acts, omissions or negligence of such suppliers and for any loss, damage and/or inconvenience whatsoever caused by such acts, omissions, breach or negligence. Circumstances beyond the Company’s control The Company shall not be held liable, either in contract or in tort, for any injury, damage, loss, delay, inconvenience and/or additional expenses caused by any event or circumstance beyond the control of the Company (including but not limited to war, civil disturbance, inclement weather and labor or industrial disputes). Indemnity The Customer acknowledges and agrees that he must, and must ensure that all participants travelling with the Customer, comply with all reasonable directions given by the Session leader. This is necessary to ensure the safety of all the tour participants. The Customer agrees to indemnify the Company, its officers and the Session leaders from and against all claims, proceedings, demands, actions, costs (including legal costs in full), expenses, damages and losses that either of these parties may suffer, incur or be subjected to as a result of, or arising out of any act, omission, breach or default by the Customer of these Terms and Conditions. Insurance The Company strongly recommends that all Customers purchase travel insurance for trip cancellations, hospitalization, medical evacuation and loss of baggage, etc. Travel documents, visas, etc. It is the responsibility of the Customer to obtain and ensure the validity of all necessary permits, visas, health certificates and other travel documents before international departure. In this regard, the Company will provide such assistance as may be reasonably required at the Customer’s cost but will not in any way be responsible for obtaining the said documents or for ensuring that they are in order. Age requirements Individuals younger than 18 years of age must be accompanied by an adult during the overnight portion of the selected Session. Written permission by a legal guardian must be obtained by the adult accompanying the minor on the overnight portion of the Session, and written consent must be submitted to the Company at least 7 days prior to the start date of the selected Session. The Company reserves the right to cancel reservations without refund if express written notice of permission to attend the selected Session has not been received by the Company at least 7 days prior to the start date of the selected Session Adventure Trips On adventure trips, the locations may be in remote areas. The events that may occur in these places are less predictable, the unexpected being the norm. Despite painstaking planning, such events cannot be taken for granted and there will be some element of risk-taking as we are dealing with natural and other elements. Some places do not have the same quality of emergency, health and safety services that we may be accustomed to owing to the lack of communications. The itineraries planned should be seen as statements of intent, rather than contractual obligations. Weather, transport difficulties and political instability might dictate that the itineraries be amended. The Session leader will make changes which are necessary and with or without consulting the participants. However the Company will do everything within our control to minimize the effects of the enforced changes. The Company cannot however be held responsible for the results of changes or delays, regardless of how they are caused. Participants are to be physical fit, properly attired and aware of the risk while on adventure trips and activities. For school trips the school organizers MUST prepare their charges in liaison with the Company. Limitation of liability Each Customer undertakes the Session at his own risk. The Company shall not be liable in any way to the Customer or any other person for any special, incidental, punitive, indirect or consequential loss or damages suffered, or any damage to or loss of property, howsoever and by whomsoever caused, including any damage or loss caused or contributed by any act, omission, breach or the negligence of any person (whether or not such person is an agent or servant of the Company). If, notwithstanding anything contained in these Terms and Conditions, the Company becomes liable in any way to the Customer, the liability of the Company shall in any case be limited to a sum not exceeding the Session Cost. Invalidity If any of these Terms and Conditions becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the other Terms and Conditions shall not in any way be affected or impaired. Variations The Terms and Conditions can only be varied, amended or modified in writing. The Company reserves its rights to vary, amend or modify any of the Terms and Conditions contained herein without any prior notice to the Customer. Governing law The contract for the Session and these Terms and Conditions and all disputes arising there from shall be governed by and interpreted in accordance with the laws of the United States and the Customer agrees to submit to the exclusive jurisdiction to the United States. Feedback We welcome your feedback. Should you be dissatisfied with any of our goods and services, please contact us at +(1) 989.450.2538 or email us at info@shakepsearesummer.com. Additional comments can be referred to: Jill Gardy Experiences in Literature Shakespeare Summer Symposium Program Director Tel: +(1) 248.494.0075 Email: info@shakespearesummer.com
