XDOT FOOD TOURS LLC, doing business as Abilene Food Tour, Terms & Conditions
THIS DOCUMENT SETS OUT THE TERMS ON WHICH ESSOR LIMITED (“US”, “WE”, “OUR”) PROVIDES YOU (“YOU”, “YOUR”, “USER”) WITH ACCESS TO AND USE OF THE WEBSITE LOCATED AT [https://www.secretfoodtours.com/] (“WEBSITE”) TO BOOK TICKETS TO OUR TOURS. PLEASE READ THESE TERMS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OUR WEBSITE OR TICKING THE “I ACCEPT ALL TERMS AND CONDITIONS” BOX, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO BOOK ANY OF OUR TOURS AND SHOULD NOT ATTEMPT TO USE THE WEBSITE.
1. About XDOT FOOD TOURS LLC
1.1 The Website is owned and managed by XDOT FOOD TOURS LLC, doing business as [Abilene Food Tour].
1.2 We can be contacted by email at [email@example.com] or via the ‘Contact section of the Website.
1.3 By using the Website, you warrant that:
1.3.1 you are legally capable of entering into binding contracts;
1.3.2 you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
1.3.3 you are at least 18 years old. If you are under the age of 18, you must ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the Service is at all times in accordance with these Terms.
2. About the Website
The information contained in this Website has been prepared solely for the purpose of providing information about the various tours offered on our Website from time to time (“Tours”) and making online bookings for tickets to Tours (“Tickets”) and must not be used for any other purpose.
3. Use and access to the Website
3.1 By accessing the Website you will be assuming all risks associated with the use of this Website, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via our Website or your access to it.
3.2 You will only use this Website for personal private use.
3.3 Availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system.
3.4 We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein available to you. Whilst we take all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that we do not promise that the Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Website.
3.5 We shall be entitled at our own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website.
4. Orders and Payment
4.1 The published price of the Ticket (“Price”) includes any applicable taxes, but is exclusive of booking or collection fees. You shall be notified of the booking and/or collection fee on the payment page of the Website.
4.2 If you have a promotional or discount code (“Code”), you may enter it on the relevant page of the Website prior to payment of your Tickets. We do not warrant or provide any guarantees that your Code will be accepted by the Website. If your Code is accepted by the Website, the Price will be adjusted accordingly. A Code can only be accepted at the time an Order is made and cannot be applied retrospectively.
*Discount codes exclude group and private bookings. Applicable only to individual bookings unless otherwise specified.
4.3 Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time. Any changes in the Price shall not be applicable to you once you have received Order Confirmation from us, save in the case of an obvious error.
4.4 In order to book and purchase Tickets to one of our Tours, you shall be required to follow the process on our Website and complete the relevant details we require to confirm purchase of your selected Tickets via the Website (“Order”). Group bookings for Tickets shall be treated the same as individual bookings. You will be asked to provide customary billing information such as name, billing address and credit card information either to us or our payment processor. You agree to pay for your Order by one of the methods described on the Website. You hereby authorise the collection of such amounts using the method selected by you through the Website, either directly by us or indirectly, via our payment processor. If you are directed to our payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.
4.5 Your Order constitutes an offer to us to buy Tickets. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail attaching your Tickets subject to the Order (“Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation (“Contract”).
4.6 It is your responsibility to check the Tickets that are subject to your Order and we are under no obligation to rectify any mistakes once the Contract has been formed in accordance with clause 4.5 above.
4.7 We will not be responsible for any Tickets that are lost, stolen or destroyed. Tickets are e-mailed to the address you supply to us at the time of placing an Order. You are responsible for ensuring your e-mail address is accurate. We are not responsible for Tickets sent to incorrect e-mail addresses input by you.
Tickets will be supplied by email. It is your responsibility to print the Tickets prior to the date of the event or show valid Tickets on your mobile device. You may not be admitted to the Tour without presenting a valid Ticket. We shall not be liable for any failure by you to print or show valid Tickets.
6. Refunds and Exchanges
6.1 Unless otherwise expressly stated in these Terms, you will not be able to cancel an Order after it has been accepted by Us, nor are you entitled to a refund for any Tickets purchased by you, even if you are unable to attend the Tour. The cancellation rights contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale of Tickets.
6.2 If the Tour is cancelled or rescheduled by Us you will be entitled to a refund of the Price, less any postage and/or card charges. Refunds must be claimed within 1 month from the date of the Tour.
6.3 There will be no refund for lost or stolen Tickets.
6.4 We will notify you if a Tour is cancelled or rescheduled, but you acknowledge and agree that it is your responsibility to ensure you have entered the correct contact details so we can notify you. We will not be liable for any losses you incur as a result of supplying us with incorrect contact details (e.g. e-mail address or mobile number).
6.5 All Tickets are non-transferable.
7. Conduct on a Tour
7.1 Our Tours may include admissions to third party venues, including restaurants and drinking venues (“Venue”). You shall comply with all policies, procedures and safety announcements in force on the Tour and at any Venue, including any security procedures in place from time to time. It your responsibility to notify Venues and your assigned guide of any allergies or dietary requirements. We shall not be liable for any loss or injury suffered by you caused by a Venue.
7.2 You are responsible for arranging all transportation to and from the Tour. We reserve the right to refuse you admission without refund to any Tour or eject you from a Tour on account of your late arrival, being (or appearing to be) under any specified age, abusive, threatening, drunken or other antisocial behaviour (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.
7.3 Our Website offers Tours in Abilene, TX. It is your sole responsibility to ensure you comply with local laws when on Tours (e.g. legal age for alcohol consumption).
7.4 Tickets ordered through the Website are only for your personal use and that of your party. We reserve the right to cancel Tickets purchased if there is, or if we suspect there is, any resale, purported resale or attempted resale of Tickets. This includes but is not limited to Tickets being resold via internet auction sites. The holder of a resold Ticket may be refused entry or rejected from the Tour without refund.
8.1 We use reasonable endeavours to ensure that the information contained on the Website is correct at time of being published. We reserve the right to make alterations.
8.2 Minimum of 4 guests required to proceed with scheduled tours. We reserve the right to refund ticket, if that minimum is not met and tour is cancelled.
8.3 All content published on the Website is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the content made available on the Website shall be at your own risk and we shall not be liable whatsoever for any loss which you may incur as a result of or in connection with your use and reliance of such content.
8.4 Links to third party websites may from time to time appear on the Website. Such third party websites are not our responsibility and we accept no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
9. Intellectual Property
9.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from us to you, any intellectual property rights owned by and/or licensed to us (including content appearing on the Website) and all rights, title and interest in and to such intellectual property rights will remain exclusively with us and/or our licensors.
9.2 You are expressly prohibited from:
9.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
9.2.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to us; and
9.2.3 doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us without first obtaining the written permission of the owner of such intellectual property rights.
9.3 You agree to grant to us an irrevocable royalty-free worldwide license to use photos and videos taken on Tours in which you may appear. We have the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the photos and videos by any means and in any form of media, whether existing now or created later, without restriction worldwide, by incorporating the videos and photos into our Website, catalogs, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the “Works”). You agree that the company is and shall be the exclusive owner of all title, rights and interest in the photos, videos and the Works, including all intellectual property rights.
10. Data Protection
We process your personal data in accordance with all applicable data protections laws, as set out in our Privacy Notice.
11. Limitation of Liability
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
11.2 We are not responsible for any loss or damage that is not foreseeable.
11.3 The maximum you can claim from us. If you suffer loss or damage that is a foreseeable result of our breaking these Terms or our failing to use reasonable care, such amount that we may pay to you for such loss or damage you suffer shall be limited in the aggregate to the Price you have paid to us under your Contract or if no Price has been paid, the sum of one hundred dollars($100).
11.4 We do not exclude or limit in any way our liability for:
11.4.1 death or personal injury caused by our negligence or the negligence of our employees or subcontractors;
11.4.2 fraud or fraudulent misrepresentation; or
11.4.3 any other liability which cannot be limited or excluded under law.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
12.2 What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations to you:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations to you will be suspended and we reserve the right to cancel any Tours affected by the Event Outside Our Control.
12.4 We will refund to you the cost of any Tickets for Tours cancelled by us as a result of an Event Outside Our Control.
13. Variation Of The Terms
13.1 We have the right to revise and amend these Terms from time to time, including but not limited to making changes to reflect current market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
14.1 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce it. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
14.2 If a court finds part of these Terms invalid or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.3 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.4 Which laws apply to these Term and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of any dispute arising under these Terms in the English courts.
14.5 Only these Terms apply between you and us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the booking of Tours and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
14.6 Must be minimum drinking age or older to join our Drinks Tours.