Updated 01 Jan 2022
The Asian Geographical Partners Ltd and its subsidiaries (namely Asian Geographical Expeditions and Asian Geographical Adventures) exist to support the Asian Geographical Society.
ASIAN GEOGRAPHICAL PARTNERS Ltd and its subsidiaries and Asian Geographical Society are available on www.asiangeographical.com, hereby collectively referred as “Asian Geographical”, “AG Sites, “we”, “us”, or “our”. Asian Geographical Partners Ltd is registered and based in the United Kingdom.
Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, including any future modifications (collectively, "Additional Terms") in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific Service.
All our content, products and Services are limited to users aged 16 years and above, in the UK and in European Economic Area (“EEA”).
Asian Geographical including its above-mentioned subsidiaries furnishes the Services (as defined below) for your personal enjoyment and entertainment. By using any Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the Services and must discontinue use of the Services immediately. Asian Geographical may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Service. All material modifications will apply prospectively only. Your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. Asian Geographical may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help Asian Geographical Sites and provide the Services.
The Services are intended solely for your personal and non-commercial use. Asian Geographical may change, suspend or discontinue the part or all of the Services (or any feature thereof) at any time. Asian Geographical may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time-to-time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Asian Geographical may undertake from time to time; or (iii) causes beyond the control of Asian Geographical or which are not reasonably foreseeable by Asian Geographical Sites.
Unless terminated by Asian Geographical in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a letter to Asian Geographical Partners Ltd, Attn: Legal Affairs – 16 Myddelton Gardens, London N21 2PA. Please send us an email with your request to delete your account and choose "Asian Geographical Account" in the header of your email.
Asian Geographical may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or Asian Geographical, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access the Asian Geographical Services without Asian Geographical' prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.
4. Purchasing Asian Geographical Products
Asian Geographical makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an AG Product with the Processor. Asian Geographical provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, Asian Geographical will in no way be responsible or liable to you for any such data breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor immediately.
5. Limited Content License
The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of Asian Geographical Partners, the Asian Geographical Society and AG Affiliates and their licensors and assignors ("AG Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. AG Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Asian Geographical, its licensors, or its assignors, own and retain all rights in the AG Content and Services. Asian Geographical hereby grants you a limited, revocable, non-sublicensable, non-transferable license, to access and display or perform the AG Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.
Except as explicitly and expressly permitted by Asian Geographical or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the AG Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the AG Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the AG Content, including geo-filtering mechanisms. Except as necessary in order to make reference to Asian Geographical or Services in a purely descriptive capacity, you are expressly prohibited from using any AG Content in any manner.
You may not, without the Asian Geographical written permission, “mirror” any AG Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. Asian Geographical reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
6. Third-Party Links and Services
THE ASIAN GEOGRAPHICAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND ASIAN GEOGRAPHICAL DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE AG SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASIAN GEOGRAPHICAL EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASIAN GEOGRAPHICAL MAKES NO WARRANTY THAT YOUR USE OF THE AG SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE AG SERVICES WILL BE CORRECTED, THAT THE AG SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE AG SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL ASIAN GEOGRAPHICAL OR OUR ASIAN GEOGRAPHICAL AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE AG SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE AG SERVICES, ATTENDANCE AT AN ASIAN GEOGRAPHICAL EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE AG SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE AG SERVICES, OR THE CONDUCT OF ANY USERS OF THE AG SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE AG SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE AG SERVICES.
User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of Asian Geographical Partners Ltd, the Asian Geographical Society or of our AG Affiliates.
9. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASIAN GEOGRAPHICAL NOR OUR AG AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE AG SERVICES, EVEN IF ASIAN GEOGRAPHICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASIAN GEOGRAPHICAL AND OUR AG AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ASIAN GEOGRAPHICAL, FOR THE AG SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF ASIAN GEOGRAPHICAL' ACTS OR OMISSIONS OR YOUR USE OF AG SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE AG SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASIAN GEOGRAPHICAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10. United Kingdom Jurisdiction
Asian Geographical Partners Ltd provides the Services in the United Kingdom. Asian Geographical does not represent that the AG Content, Services are appropriate (or, in some cases, available) for use in other locations. If you use the Services from a jurisdiction other than the United Kingdom, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Services.
Not all of the Services are available worldwide or nationwide, and Asian Geographical makes no representation that you will be able to obtain any Services in any particular jurisdiction, either within or outside of the United Kingdom.
11. U.K. Export Controls
Software available in connection with the Services (the "Software") is further subject to United Kingdom export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.K. export laws. Downloading or using the Software is at your sole risk.
12. Law & Jurisdiction
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
You agree to indemnify and hold Asian Geographical, its AG Affiliates, the Asian Geographical Society, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Services.
14. Employment Opportunities
Asian Geographical may, from time to time, may post employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Asian Geographical in response to employment listings, you are authorising Asian Geographical to utilise this information for all lawful and legitimate hiring and employment purposes. Asian Geographical also reserves the right, at its sole discretion, to forward the information you submit, to its AG Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by Asian Geographical to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that Asian Geographical will review any or all of the information submitted to it by users of the Services.
The failure of Asian Geographical to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Asian Geographical may be required by Applicable Law to send to you will be effective upon Asian Geographical' sending an e-mail message to the e-mail address you have on file with Asian Geographical or publishing such notices on the informational page(s) of Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asian Geographical or its subsidiaries as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Asian Geographical' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.
If you would like to contact any Service with any questions regarding this Agreement, please contact us at AGprivacy@asiangeog.info.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.