Terms and Conditions
Welcome to EmbarQ!
These Terms govern your use of Embarq site/platform, materials, software we offer and other products. Your use of our site will be considered to be your acceptance of these terms and conditions and any of the additional terms and conditions. This Terms and Conditions are a legally binding agreement between you and EmbarQ.
The Embarq platform provides a service that helps travelers and owners of small ships, as well as their agents, meet, get up-to-date information about services and prices and prepare for the conclusion of a contract.
Embarq multifunctional platform is a catalog of unique cruises on small ships, many of which cannot be found on most cruise platforms, as well as a guide of unique non-tourist routes. The base of cruises and destinations is constantly updated by our specialists.
The service consists in providing the website users with up-to-date information and in helping them choose a suitable cruise or destination before the invoice is issued and the transaction is concluded.
1. GUARANTEES AND LIABILITIES
- timely provision of information received from partners who own products and provide services.
- informational and consulting support of the client until the moment of signing the contract and invoicing.
- Help to contact the responsible manager from the partner providing the services.
- Regular updating of information about the site regarding cruises, charters, destinations and activities.
Embarq is not a party of the transaction, does not accept payments and is not an agent.
Embarq is not responsible for the quality of the services provided, does not control payments, discount policy and refund policy.
The Embarq company is not the owner of the aggregated information about services, therefore it does not act as a party to legal relations regulated by consumer protection legislation of any country.
The company is not responsible for:
- knowingly false information provided by partners
- compensation for damages from the consequences of using partner products
- uninterrupted and error-free operation of the company's products.
2. OWNERSHIP AND LIMITS ON USING OUR INTELLECTUAL PROPERTY
This website/platform, embarq.travel and embarq.club sites are owned and operated by Running on waves ltd. and are doing business as EmbarQ. All rights reserved. You may download one copy of materials from this site onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Otherwise, no material from this site (including, without limitation, texts, graphics, button icons, audio and video clips, travel guide information, digital downloads, data compilations or software, games, instruments) may be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed in any way, nor may any derivative works be made from materials on this site, without written authorization from EmbarQ. We retain all rights to that content/materials. This prohibition extends to the use of any such material on any other Website or computer network environment. It also means that you may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the material found on this site, without the prior written authorization of EmbarQ. EmbarQ does not accept responsibility for the function or malfunction of any software downloaded from this site.
Running on waves ltd. owns all rights, title and interest in and to all EmbarQ site trademarks, service marks, logos and trade names included in this site. Unless authorized in writing by EmbarQ., you may not use any of these for any purpose.
5. OTHER WEBSITES
There may be places on our site from which you may link to other Web sites that are operated by persons or companies other than EmbarQ. You should familiarize yourself with any terms, conditions and privacy policies of these other Websites before using them. EmbarQ does not endorse any other Web sites nor do we assume any responsibility for their content or any liability as a consequence of your use of any other Websites. Consequently, if you elect to access these other Web sites, you do so at your own risk.
6. YOUR RESPONSIBILITY
Who can use EmbarQ:
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
- Use the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own) and use your timeline for personal purposes.
- Not share your password, give access to your EMBARQ account to others, or transfer your account to anyone else (without our permission). You agree to accept responsibility for all activities that occur under your account or password. You understand that you are financially responsible for all uses of this site by you and those using your login information.
- If you are using the Site for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Site.
We try to make EmbarQ broadly available to everyone, but you cannot use EmbarQ if:
- You are under 13 years old (or the minimum legal age in your country to use our Products).
EmbarQ does not knowingly use this site to market products to, or solicit information from, people under the age of 18. Use of this site by people under age 18 should only occur with the consent of a parent or legal guardian.
- You are a convicted sex offender.
- We've previously disabled your account for violations of our Terms or Policies.
- You are prohibited from receiving our products, services, or software under applicable laws.
7. LIMITATIONS ON USE
- You may not violate these Terms, and other terms and policies that apply to your use of EmbarQ.
- You may not post or transmit on or through this site any material that: is unlawful, threatening, abusive, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane; could constitute or encourage criminal conduct, give rise to civil liability or otherwise violate any law; infringes the copyright or other intellectual property rights of any third party; advertises or offers to sell any goods or services; may interfere with the proper working of this site; would impose an abnormal burden or load on the site's infrastructure; or contains a bug, virus or other harmful item.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions. We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to EmbarQ.
8. ACCOUNT SUSPENSION OR TERMINATION
We want EmbarQ to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
9. THE PERMISSIONS YOU GIVE US
We need certain permissions from you to provide our services:
- Permission to use content you create and share: Some content that you share or upload, such as photos, videos or itineraries, may be protected by intellectual property laws.
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on EmbarQ. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services.
By sharing, uploading or submitting any content, suggestions, ideas, comments, questions or other materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and assignable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
- Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on EmbarQ next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.
- Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
- By using our Products, you give us permission to show you ads.
Ridera ltd. reserves the right to monitor and review any information transmitted or received through this site and sensor, edit, remove or prohibit the transmission or receipt of any information that EmbarQ, in its sole discretion, deems inappropriate or a violation of these terms and conditions.
11. MODIFICATION OF TERMS
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update and modify these Terms.
EmbarQ reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the site subsequent to the revisions of these terms means you accept those changes.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the EMBARQ community, you can delete your account at any time.
12. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE and our Products ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE MATERIALS ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL OR CLERICAL ERRORS. We make no guarantees that our Products always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections.
EmbarQ DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EmbarQ DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
EmbarQ does not control the Content of EMBARQ users. When we become aware of inappropriate Content on our site, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
EmbarQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EMBARQ) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL EMBARQ BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, FOR EXAMPLE, FOR LOST PROFITS OR LOST OPPORTUNITY), THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF EMBARQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. INTERACTIONS WITH OTHERS
Using EMBARQ involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.
EmbarQ is not a party to any offline arrangements made through our Site. EmbarQ does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. EmbarQ makes no representations or warranties concerning the conduct or Content of any site users or their interactions with you.
14. INJUNCTIVE RELIEF
Any violation of these terms and conditions may cause irreparable damage to EmbarQ for which there may be no adequate remedy at law. Accordingly, you agree that EmbarQ will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction restraining such violation or attempted violation of these terms and conditions by you. You agree that no bond or other security shall be required in connection with such injunction.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
You agree that the claim must be resolved exclusively in the courts of Cyprus. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of Cyprus will govern these Terms and any claim, without regard to conflict of law provisions.
Claims can only be brought individually, and not as part of a class action.
16. MISCELLANEOUS TERMS
EmbarQ makes no representation that materials in the site are appropriate or available for use in your specific locations.
Your being permitted to use this site will not be construed as creating any joint venture, partnership, employment or agency relationship between you and EmbarQ.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between you and us relating to the subject matter herein and cannot be modified except in writing, signed by both you and us.
In the event of litigation involving the use of this site, the prevailing party will be entitled to recover its reasonable attorneys fees and costs.
EMBARQ may use "cookies" to make our service more effective. A "cookie" is a small text file placed on your hard drive by our server. It allows our server to recognize whether you have visited our site before thereby saving you the need to provide information that we have already received from you. If you would prefer not receiving cookies, most Web browsers offer menu options allowing you to disable them.
The importance of security for all personally identifiable information that you provide us is of great concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, EMBARQ cannot ensure or warrant the security of any information you transmit to us; in other words, you do so at your own risk. Once we receive your transmission, we use our reasonable best efforts to ensure its security on our systems. All information you provide to our site is transmitted using SSL (Secure Socket Layer) encryption. SSL is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.
19. TERMS OF ONLINE BOOKING/RESERVATIONS
If you are reserving travel on this site, you may only use the site to make legitimate reservations. Speculative, false or fraudulent reservations of any kind are prohibited. All reservations are made subject to the terms of the EmbarQ Contract and the Terms for Online Booking.