logo light bg

TERMS AND CONDITIONS OF SERVICE

WEBSITES AND SERVICES

 

UPDATED MAY 2019

 

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY CLICKING THE “CREATE ACCOUNT” BUTTON OR BY ACCESSING OR USING THESE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THESE SERVICES.

Comencia("we", "us" or "our") reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guidelines of Comencia.com, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Comencia.com website("Site") and changing the “Last Revised” date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by Comencia at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Comencia transmits the information. These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Comencia network, please contact support@Comencia.com.

These Terms and any terms expressly incorporated herein apply to your access to, and use of, any services provided by Comencia, and, including but not limited to Comencia.com our affiliated websites mobile applications and the exchange services provided by us as described in these Terms (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Comencia for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.

Comencia is incorporated under the laws of Ontario,Canada and operates Comencia.com and the Comencia network.

I. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES

The Services are intended solely for users who are 18 or older. By accessing or using our Services, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and warrant that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List. Also, Comencia may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Cuba, Iran, North Korea, Syria, Sudan, Bangladesh, Bolivia, Ecuador and Kyrgyzstan. The content of this Agreement shall not be excluded from the laws of the country or region under which the user belongs. As a result, if you do not meet these eligibility requirements, do not use our Services.

II. DESCRIPTION OF OUR SERVICES

Services provided by Comencia include, but may not be limited to: Digital Goods and Services, Digital Assets, All Comencia Websites, Hosted Platforms, Payment processing all of which are hereinafter referred to as a “Service” or “Services”.

While Comencia has made every effort to ensure the accuracy of the information on our websites, that content is subject to change without notice and is provided for the sole purpose of assisting users to make independent decisions. Comencia has taken reasonable measures to ensure the accuracy of the information on the Comencia network websites; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through those websites, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access any Comencia website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. Comencia will not have any liability for the use or interpretation of such information.

Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipment, cellular data fees, etc.

While using the Services, you accept the information services provided by Comencia. You hereby authorize Comencia to send commercial information to you via e-mail, SMS, or mailing address. You can opt out of such services by changing relevant settings on the website.

You acknowledge and consent that the Services are provided by Comencia according to its current technological capacity and other conditions. While Comencia has made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruptions, data loss and other potential losses and risks.

When the system platform is unable to operate properly because of the following circumstances and the user is unable to use the services or fails to delegate it normally, Comencia assumes no liability for damages, including but not limited to:

  1. System downtime during maintenance as announced by the Comencia from time to time;
  2. Telecom equipment is out of order and cannot transmit data;
  3. Due to typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks and other force majeure factors, the Comencia platform system has an obstacle that makes it unable to carry out business;
  4. Due to hacker attacks, computer virus intrusion or attack, the telecommunications sector technology adjustment or technical failure, web site upgrade, a bank issue or a temporary close due to government regulation, which cause a network or service’s interruption or delay;
  5. Losses due to technical problems that cannot be predicted or solved by the existing technical forces of the industry;
  6. Damages to users or other third parties caused by third party’s fault or delay.

For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, DDos(distributed denail of service) and other hacker attacks and other unexpected factors, Comencia has the right to cancel the abnormal transaction results, and rollback all the transactions for a certain period of time.

Fees may be incurred for the Services provided by Comencia to its users. You shall abide by relevant agreements while using such Services. Comencia may change the fee models and structures of such services as the case may be. Comencia may also start charging fees on free services. We shall release an announcement or put up a notice on the respective page before the above-mentioned changes, modifications are made and start to charge. You shall stop using the Services if you disagree with the above-mentioned changes, modifications or paid content.

Comencia shall not ask for any passwords from its users, nor shall we ask users to transmit any funds that are not listed on the platform. Please do not trust any discount or promotion related information. Comencia shall not be responsible for any losses caused by transmitting funds that are not listed on the platform.

Transaction abnormity handing: While using the Services, you agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the digital asset networks or other force majeure. Users shall make sure to provide only correct information. Comencia does not assume any responsibility for any losses caused by the above-mentioned situations due to users providing incorrect information that results in the inability of Comencia to reach out to its users and explain the handling procedures.

You agree, in accordance with operational and security needs, that Comencia may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions and deductions of the Services, you continue to agree to the Terms and any other Terms added subsequently.

Comencia has the right to know the real transaction background and purpose of the users who use the products or services of Comencia, users should provide the real, comprehensive, accurate information required by Comencia; if Comencia has reasonable grounds to suspect that the User has provided false information, Comencia is entitled to restrict the User from the use of Comencia’s products and services temporarily or permanently.

III. CREATING AN ACCOUNT

In order to use any of the Services, you must first register by providing your name, e-mail and password, along with affirming this Terms of Service. You agree to not enable anyone to use or direct your account, and to update Comencia of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively “Passwords”) that have been provided to you or that are generated in connection with your use of the Services. If you lose your Passwords, you may not be able to access your account. You agree to notify Comencia immediately of any unauthorized use of your Passwords. Comencia will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. Due to Comencia’s nature of being an online platform, and to avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. The responsibility for identity protection shall be borne by the users.

The user has the right to choose whether to become a Comencia network user. If user chooses to become a Comencia registered user, they can create or modify their username. Usernames and nicknames shall abide by relevant laws and regulations and also in accordance with the network morality. Usernames, nicknames or brand names cannot contain any words which related to insults, threats, be obscene or abusive and other violations of the legitimate rights and interests of others.

Once the user is registered, and become a User of the Comencia network, he or she will get a username (user mailbox) and password, and is responsible for all activities and events with this username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviors of the use of this username.

Users who have lost their passwords can reset them after being verified through their registered email addresses or phone numbers. You shall immediately report to Comencia if any unauthorized operations or security breaches are found.

When you use third-party services which we have partnered, the third-party can access our system to determine if your submitted username and password are a match.  The third-party services will not have access to either your username or your password, but will only be able to get a confirmation from us as to whether the username and password you submit to them are a match in our system.

IV. USERS’ RIGHTS AND LIMITATIONS TO LICENSE USE

We grant you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Comencia website and Services, solely for approved purposes as permitted by Comencia. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Comencia’s content.

You agree that

  1. All right, title and interest in the Services and associated software, website and technology, including all intellectual property rights therein, are and shall remain with Comencia;
  2. No right or interest in the Services is conveyed other than the limited licenses granted herein;
  3. The Services are protected by the copyright and other intellectual property laws. All rights not expressly granted in these Terms are reserved.
  4. Our websites have the right to inquire, freeze or deduct the items and accounts of the User in according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on.
  5. The User has the right to modify the individual account and the information, choose their own username and enter the introductory text, logo and to decide whether to provide non-essential items of content;
  6. Users have the right to participate in Comencia’s online and offline activities;
  7. Users have the right to enjoy Comencia’s other types of services according to Comencia website requirements.
  8. After complition of the Comencia agreement with the User, your right to use the Services shall be terminated. Under such circumstances, Comencia is no longer obligated to deliver any unprocessed information or unfinished services to its users or any other third parties without direct relationship.

V. USER OBLIGATIONS

  1. Comencia is travel and tourismnetwork. As such, User shall not use Comencia to endanger national security or disclose state secrets. User shall not violate the national community and the legitimate rights and interests of its citizens, and shall not use this site to produce, copy and disseminate the following information:
    • (a) Incitement to resist, undermine the implementation of constitution, laws and administrative regulations;
    • (b) Inciting subversion of state power and overthrowing a legitimate governmental system;
    • (c) incite national hatred, ethnic discrimination, destruction of national unity;
    • (d) Fabricating or distorting facts, spreading rumors and disturbing social order;
    • (e) To promote feudal superstition, obscenity, pornography, gambling, violence, murder, terror, abetting the crime;
    • (f) Blatantly insulting others or fabricating facts to slander others, or carry out other malicious attacks;
    • (g) Other violation of constitutional and legal administrative regulations;
    • (h) To conduct commercial advertising.
  2. The User shall not by any means maliciously register a Comencia website account. Users may not use other user’s accounts.
  3. If the User violates the above requirements, the Comencia network has the right to take all necessary measures directly, including but not limited to deleting the content posted by the user.
  4. Prohibit users in any form to utilize Comencia network as the place, platform or medium to engage in a variety of illegal activities. Without the authorization or permission of Comencia, the User shall not use any of the commercial activities in the name of this Site or in any form of the Comencia network as a place, platform or medium for engaging in commercial activities.
  5. If the User violates the above requirements, the Comencia network has the right to take all necessary measures directly, including but not limited to deleting the content posted by the User and potentially taking appropriate legal action.
  6. All the information released in all forms by the User in the Comencia network shall comply with national laws and regulations and other relevant provisions of the Site, and not infringe the legitimate rights and interests of any third party, or the User shall bear the responsibility of all the legal consequences, and if Comencia therefore suffered losses, Comencia has the right to recover them from the User.

VI. SERVICE FEES

  1. Comencia has the right to the appropriate rules and to set User service charges. Comencia has the right to formulate and adjust the service fee, and set specific service charges to the User to use Comenciaproducts and services.

VII. CHANGE OF SERVICE, INTERRUPTION, TERMINATION, RESTRICTION, FREEZING

  1. Comencia may change the service content and/or may also interrupt, suspend or terminate the service.
  2. Comencia, at its sole discretion, may transfer some or all of the platform assets under this service to a third party; Comencia may also transfer part or all of the services under this agreement to a third party to operate or fulfill after our unilateral notice to the users. The specific transferee is subjected to notice.
  3. In any of the following circumstances, Comencia reserves the right to discontinue or terminate the Services provided to you without notice, including in the following cases:
    • (a) If your account information provided by you is not true, or inconsistent with the information at the time of registration and failed to provide reasonable proof;
    • (b) If you violate the relevant laws and regulations under which this agreement is subject;
    • (c) If for security reasons or other necessary circumstances.
  4. Comencia has the right to charge inerest and fees for outstanding amounts due in accordance with this agreement. If you do not pay in full and on time, Comencia reserves the right to interrupt, suspend or terminate the service.
  5. You may close your account following the conclusion of your agreement with Comencia. However, you will still be obligated to fulfill your responsibilities for any pending transactions and for any fees incurred prior to the conclusion of the Comencia agreement. If those outstanding fees are not paid to Comencia within 30 days, you may be subject to potential legal action by Comencia. Comencia may also terminate your account at any time and at our sole discretion, upon notice to you by email or other communication. Comencia may also suspend your access to the Services if it suspects that you have failed to comply with these Terms, pose an unacceptable fraud or regulatory risk to Comencia, or if you provide any false, incomplete, inaccurate or misleading information. Comencia will not be liable to you for any losses incurred in connection with Comencia’s closure or suspension of your account.
  6. You agree to safeguard the security of your account and the digital assets within, and Comencia reserves the rights to freeze part or all of your account on the Comencia platform under the circumstances that Comencia thinks your account is exposed to potential risks according to these Terms, laws, regulations, legal instruments, government requests dependent on administrative functions and powers and other conditions that Comencia thinks fit.Comencia reserves the right to “unfreeze”-your account, once the matter has been resolved to Comencia's satisfaction.

VIII. COMPLIANCE WITH LOCAL LAWS

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, you agree to comply with all relevant local laws of your jurisdiction.

IX. PRIVACY POLICY

Comencia respects the privacy of its users. The Comencia Privacy Policy, available separately, describes how Comencia collects, stores, discloses and uses information that pertains to your privacy. You consent to Comencia’s use of your information under the terms of Comencia’s Privacy Policy.

Comencia’s users’ information in these Terms means information that is in compliance with laws and regulations and conforms to the following scopes.

  1. Information provided to Comencia by users during account creation.
  2. Automatically recorded reservations information (including but not limited to IP address, cookies, browsing history, etc.) while consumers access the Services through Comencia websites and mobile apps.
  3. Information legally acquired from business partners.
  4. Information acquired through other legal channels.

Comencia undertakes that we will not disclose any password or phone number to any third party without acquiring user’s permission beforehand. User information will be partially or wholly disclosed onlyif required by user or if, required by administrative and judicial authorities, and other third parties as prescribed by law, according to appropriate laws and regulations;

X. INDEMNITY

You shall indemnify Comencia and our employees, officers, directors, affiliates, agents, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from Comencia’s breach of these Terms. Similarly, Comencia shall indemnify and hold harmless you and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of these Terms.

XI. DISCLAIMER

  1. The Comencia network, as a third-party platform does not guarantee the information and services provided on its platform can fully meet the needs of Users and concumers. Comencia.com shall not be liable for any errors, insults, defamation, nonfeasance, obscenity, pornography, or blasphemy that may occur as part of providing web services to users or consumers.
  2. Based on the special nature of the Internet, the Comencia network does not guarantee that the Service will not be interrupted or that they will be timely.
  3. Comencia network tries to provide a safety network environment to the Users and consumers, however, Comencia network does not guarantee that the Site or its servers are free of viruses or other potentially harmful factors; therefore, the user should use industry recognized software to check and destroy any potential virus in the files downloaded from Comencia network.
  4. Comencia network is not responsible for the failure of preservation, modification, deletion or storage of the information released by the User or consumers, nor will Comencia be liable for the typographical errors, negligence, etc. not intentionally caused by Comencia network.
  5. Comencia has the right, but not the obligation to improve or correct any omission, error of any part of this site.
  6. Unless Comencia expressly agrees in writing, Comencia shall not guarantee the accuracy, completeness, reliability of any content, including but not limited to advertising on the Comencia network in any manner (including but not limited to, containing, connecting, by way of, or downloading) from any affiliated website; Comencia is not responsible for any products, services, information or materials purchased or obtained by the User or consumers according to the content information on any affiliated website. The User bears the risk of using the content of any Comencia affiliated website.
  7. Any comments published by Users on the Comencia platform are the User’s personal point of view. It does not mean that Comencia agrees with their views or confirms their description. The Site does not bear any legal responsibility caused by any User comments.
  8. Comencia has the right to delete all types of information which does not meet the requirements of any laws or this agreement, and Comencia retains the right not to inform the user when such information is deleted.
  9. In regards to notices issued users, Comencia will deliver these notices through a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery.
  10. Comencia has the right to adjust the commissions, transaction, reservations and other fees according to market conditions, and we have the right to decide the termination of any free or discount promotions or period.

XII. APPLICABLE LAWS AND VENUE

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity pursued by you and arising out of or relating to these Terms not subject to arbitration (as set forth below) will be filed only in Toronto, Ontario, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

XIII. ARBITRATION

You and Comencia agree to arbitrate any dispute arising from this Agreement or relating to the Services, except that you and Comencia are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A TRIAL. You and Comencia agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Toronto, Ontario, Canada, and that arbitration will be conducted confidentially by a single arbitrator. You and Comencia also agree that the courts in Toronto, Ontario, Canada will have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in by a private solicitor or representative capacity, or in consolidated claims involving another person, if Comencia is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from these Terms and the remaining obligations relating to arbitration shall continue in full force and effect.

XIV. SEPARABILITY

If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.

XV. FEEDACK

If you have any feedback, questions or concerns, please contact our Customer Service at support@Comencia.com. When you contact us please provide us with your name and email address and any other information we may need to contact you, and the transaction you wish to provide feedback, questions, or complaints about.

XVI. MISCELLANEOUS

These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to Comencia which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon Comencia. You represent and warrant that all information disclosed to Comencia in connection with these Terms are true, accurate and complete.