Legal agreement

Legal agreement

The following are the terms under which this web site and permitted software copies of it may be used. Clauses 1 through 2 apply specifically to copies of the site supplied as a CD for permanent installation on a computer. The clauses 3 through 7 apply to both web and CD usage.

1 GRANT OF LICENCE

Under copyright law you are not permitted to copy or install the material presented on the web site www.all-peru.info ("the Guide") without the permission of ITG Services Limited ("the Owner"). In consideration of your making a donation the Owner grants you, the individual or entity whose name and address appears on the receipt for the copy of the Guide which you will be sent, a non-exclusive right ("the Licence") to install and run the Guide.

YOU ARE PERMITTED TO :

1.1 load the Guide and use it only on a computer which is under your control;

1.2 make a back-up copy of the Guide in support of your permitted use of the Guide provided you label the back-up copy with the Owner's copyright notice - any other copies of the whole or any part of the Guide are unlawful.

1.3 use the Guide for your personal and private use : permitting unauthorised access to, copying or use of the Guide is a breach of this Agreement; (for this purpose "private" means not in connection with a business or profession and not for which you receive a fee).

1.4 notwithstanding the foregoing you may use the Guide as part of an educational project in which connection you make copies of parts only of the Guide.

YOU MAY NOT NOR PERMIT OTHERS TO :

1.5 use, copy or transfer the Guide except as permitted by this Agreement;

1.6 distribute, rent, loan, lease, sub-licence or otherwise deal in the Guide.

1.7 alter, adapt, merge, modify or translate the Guide in any way for any purpose, including, without limitation, for error correction;

1.8 remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Guide.

2 TERM AND TERMINATION

2.1 The Licence will continue until terminated.

2.2 Your Licence to use the Guide will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by the Owner if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in any jurisdiction in consequence of debt;

2.3 Upon termination of the Licence for any reason you will destroy the Guide together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Guide after termination of the Licence is unlawful.

3 EXCLUSION OF OTHER WARRANTIES

The Owner and its suppliers make and you receive no warranties, conditions or representations, express or implied, statutory or otherwise, save to the extent that such matters cannot be excluded and without limitation the implied terms of merchantability and fitness for a particular purpose are excluded. The Owner does not warrant that the operation of the Guide will be error free or uninterrupted. It is your responsibility to ensure that the Guide is suitable for your needs and the entire risk as to the suitability of the Guide is assumed by you.

4. DISCLAIMER

4.1 In no event will either the Owner or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence, or otherwise.

4.2 If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and the Owner becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the Guide.

4.3 The Owner does not exclude or limit liability for:

5.3.1 death or personal injury resulting from an act or negligence of the Owner or

5.3.2 damage caused by a defect in the Guide within the meaning of the Consumer Protection Act 1987 Part I.

4.4 You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Guide and also the fact that it is not within the Owner's control how and for what purposes the Guide is used by you.

5 GENERAL

5.1 This Agreement is the entire agreement between you and the Owner and supersedes any other oral or written communications, agreements or representations with respect to the Software and Manuals.

5.2 Nothing in this Agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.

5.3 If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.

5.4 This Agreement is governed by the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.

5.5 At all times ownership of all intellectual property rights and remain vested in the Owner subject to Grant of Licences by the Owner.

6 COMMERCIAL USE

Commercial use is prohibited under this Licence. If you wish to make commercial use of the Guide please contact the Owners.

7 HAZARDS

7.1 The authors of the Guide have made every attempt to ensure the accuracy of the material which it contains, and to give advice which minimises the unavoidable risks of travel to a potentially hazardous environment. There may however be omissions and errors in the Guide.

Trekking, and travel to poor parts of the world cannot, however, cannot be undertaken without there being some intrinsic risk. Peru is a middle income developing country. Medical care is not always immediately available or is not likely to meet international best practice. Transport is erratic and innately hazardous. The Andes are intrinsically dangerous: for example, some trips set out on foot at an altitude which is higher than the tallest mountain in Europe.

In undertaking travel in this environment, you therefore accept a risk. The Guide has been written to help you minimise these risks, but in using it you accept that these risks are yours, and not transferable to the authors of the guide nor to International Trek!Guides Limited, as 4.4 above.