Terms & Conditions

Terms of Use of Use for the Destination Yamaha Motor Platform

Last update of these Terms of Use: 8 March 2019

Welcome to the Destination Yamaha Motor Platform!

The Destination Yamaha Motor Platform is provided for free by Yamaha Motor Europe N.V., also on behalf of its branch offices and related affiliates (further referred to as Yamaha, we, us/our). The Destination Yamaha Motor Platform is a global, travel platform that connects you, as Yamaha Adventurer, with the possibility to engage in a wide variety of suitable, safe and enjoyable tours. Working together with a selection of acclaimed and highly-experienced Tour Operators, it offers you a variety of travel options spanning five different continents.

By using the Destination Yamaha Motor Platform, you agree to be bound by these Terms of Use. We may amend these Terms of Use from time to time. Please read these Terms of Use carefully before using the Destination Yamaha Motor Platform. Any translations of the Terms of Use are provided for convenience or local requirements only. The English version of these Terms of Use is the prevailing version of the Terms of Use in the event of any dispute between the English and any non-English version of the Terms of Use.

You may contact us at: Yamaha Motor Europe N.V., Koolhovenlaan 101, 1119 NC Schiphol-Rijk,, The Netherlands, Registered at the Dutch Chamber of Commerce with number 34084613.

For information on how we process your personal data in connection with your use of the Destination Yamaha Motor Platform, we kindly refer you to our Privacy Statement.

 

  1.      Purpose of the Destination Yamaha Motor Platform

1.1  Anyone who is 18 years or older may use the Destination Yamaha Motor Platform.

1.2  The Destination Yamaha Motor Platform is a global, motorcycling travel platform that connects you with Tour Operators selected by us, who offer Travel Services. The users of the Destination Yamaha Motor Platform are in these Terms of Use referred to as you, Yamaha Adventurer or User.

1.3  The purpose of this Destination Yamaha Motor Platform is to provide you Travel Information of Tour Operators, enabling you to turn your trip into an adventure of a lifetime. Through the platform you can not only find Travel Information, but Yamaha may also include functionalities that allow you to learn from the experiences of other Yamaha Adventures, post User Content, exchange your Reviews and Ratings of the Travel Services.

1.4   The Travel Services may include the offering of single or multi-day activities, including accommodation and access to events.

1.5  Being only the provider of the Destination Yamaha Motor Platform, we are responsible for neither the content of the Travel Information nor the provision of the Travel Services. The Tour Operators are solely responsible for their Travel Information and the Travel Services, that they offer. When you make a booking with a Tour Operator, then you will enter into an agreement directly with that Tour Operator. We are not a party to such agreement between you and a Tour Operator. For the avoidance of doubt, as the Destination Yamaha Motor Platform only serves to provide you the Travel Information of selected Tour Operators, and the booking of the Travel Services does not take place via the Destination Yamaha Motor Platform, Yamaha is also not acting as an agent in any capacity for any Yamaha Adventurer or any Tour Operator.

1.6   We do not guarantee (i) the existence, accuracy, quality, safety, suitability, or legality of any Travel Information, Travel Services, Reviews and Ratings, and (ii) the performance or conduct of any Tour Operator, third party and/or Yamaha Adventurer. We do not endorse any Travel Information, Travel Services, Tour Operator or Yamaha Adventurer.

1.7  Any reference to a Tour Operator being “selected”, “verified” or similar language only indicates that such Tour Operator has completed a selection process by us. Although Yamaha has selection criteria, any such criteria are not an endorsement, certification or guarantee by Yamaha about any Tour Operator, including of the Tour Operator’s identity or background or whether the Tour Operator is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use any Travel Information and book any Travel Services.

1.8   In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of, or in connection with, the use of the Destination Yamaha Motor Platform.

2     Creating an Account

2.1     You will need to create an Account to have access to all features and functionalities of the Destination Yamaha Motor Platform. In order to create your Account, we will ask you to provide some personal information, such as your name and email address. You can start using the Destination Yamaha Motor Platform upon our acceptance of your registration. We are entitled to decline your Account request for any reason. You will not create more than one Account. You will not transfer or sell your Account.

2.2       You are responsible for any access to and use of your Account, and for preventing any unauthorized use. In order to protect and maintain the security of your Account and keep the Destination Yamaha Motor Platform fun and safe:

a)            You will set a secure password, which is required for logging in to your Account. You will not share your password or let anyone else access and use your Account and you will notify us immediately if you know or have any reason to suspect anyone else knows, has access to, or uses your user name and password;

b)           You will not submit any User Content, take any action, or use the Destination Yamaha Motor Platform in any manner that infringes our or anyone else’s rights, including but not limited to intellectual property or privacy rights, or violates any applicable laws and regulations.

3       Promotion of the Destination Yamaha Motor Platform

3.1    To promote the Destination Yamaha Motor Platform and to increase the exposure of Travel Information to potential Yamaha Adventurers, we encourage you to refer other persons to the Destination Yamaha Motor Platform, e.g. via your social media accounts. To that effect, Yamaha may allow you to link the Destination Yamaha Motor Platform to certain third-party social networking services, such as Facebook, Google, Instagram, etc.

4    Intellectual property rights

4.1    All intellectual property rights in the Destination Yamaha Motor Platform remain with us or our licensors, including any modifications, corrections, adaptations or translations of the Destination Yamaha Motor Platform.

4.2    All intellectual property rights in the Travel Information remain with the Tour Operators or their licensors, including any modifications, corrections, adaptations or translations of such Travel Information.

4.3    Yamaha may allow you to upload content, such as text, photos, audio, video, or other materials on the Destination Yamaha Motor Platform (User Content). If so, you retain ownership of your User Content you submit to the Destination Yamaha Motor Platform. By submitting your User Content you expressly warrant to us that you are solely responsible for the accuracy, lawfulness, decency, and legitimacy of it, and that you have the right to make it available through the Destination Yamaha Motor Platform and license your User Content. You grant us a non-exclusive, unconditional, perpetual, irrevocable, transferable, worldwide, royalty-free license to use, perform, display, adapt, translate, modify, publish, distribute, circulate, or broadcast your User Content for purposes related to the Destination Yamaha Motor Platform, including but not limited to the other Yamaha Adventurers.

4.4    We may remove any User Content at our sole discretion. Where we remove your User Content, we will notify you and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or other third parties, or (iii) contravene applicable laws.

5    Reviews and Ratings

5.1    Yamaha may allow you to leave a public review (Review) and/or to submit a star rating (Rating) about the Travel Services, which you have enjoyed. Reviews and Ratings reflect the opinions of individual Yamaha Adventurers and do not reflect the opinion of Yamaha. Reviews and Ratings are not verified by us for accuracy and may be incorrect.

5.2    Your Reviews and Ratings must be accurate and may not contain any offensive or defamatory language.

5.3    You may not manipulate the Reviews and Ratings in any manner, such as instructing a third party to write a positive or negative Review or Rating.

5.4    Reviews and Ratings may be part of your public profile and may also be surfaced elsewhere on the Destination Yamaha Motor Platform (such as the Travel Information page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

6 Netiquette

6.1    When using of the Destination Yamaha Motor Platform, you will not and you will also not enable others to:

·           breach or circumvent these Terms of Use and any applicable laws or regulations; 

·           use the Destination Yamaha Motor Platform for any commercial purposes; 

·           use any information, including personal data about any other users, contained on the Destination Yamaha Motor Platform in any way that is inconsistent with these Terms of Use or the Privacy Statement or that otherwise violates the privacy rights of other users;

·           use the Destination Yamaha Motor Platform for the distribution of unsolicited commercial messages (“spam”);

·           discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

·           use the Destination Yamaha Motor Platform, or any part thereof, Yamaha’s name, any Yamaha trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Destination Yamaha Motor Platform, without Yamaha’s express written consent; 

·           use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Destination Yamaha Motor Platform for any purpose;

·           avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Yamaha or any of Yamaha’s providers or any other third party to protect the Destination Yamaha Motor Platform;

·           attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Destination Yamaha Motor Platform; 

·           take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Destination Yamaha Motor Platform;

·           violate or infringe anyone else’s rights or otherwise cause harm to anyone.

6.2                     You acknowledge that Yamaha has no general obligation to monitor User Content or Travel Information, nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any User Content or Travel Information, in order to (i) operate, secure and improve the security of the Destination Yamaha Motor Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms of Use; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content or Travel Information that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms of Use. Users and Tour Operators agree to cooperate with and assist Yamaha in good faith, and to provide Yamaha with such information and take such actions as may be reasonably requested by Yamaha with respect to any investigation undertaken by Yamaha or a representative of Yamaha regarding the use or abuse of the Destination Yamaha Motor Platform.

7                       Liability and indemnification

7.1                The Destination Yamaha Motor Platform has been set up with the greatest possible care. The correct functioning of the Destination Yamaha Motor Platform is also subject to factors that are outside our control and are the responsibility of third parties, such as your Wi-Fi and GPS reception. We do not warrant that (parts of) the Destination Yamaha Motor Platform will be (fully) available at all times or that the Destination Yamaha Motor Platform and the Travel Information provided is complete, correct, up-to-date, fit for a particular purpose, or free from any offensive, inappropriate, unlawful or objectionable User Content. We reserve the right to suspend, withdraw or amend (parts of) the Destination Yamaha Motor Platform and any Travel Information, made available through the Destination Yamaha Motor Platform.

7.2                  You expressly agree that any access to and use of the Destination Yamaha Motor Platform is at your sole risk. We are not responsible or liable, on whatever ground, for any damages or other consequences related to or resulting from your use of, or inability to (properly) use, (parts of) the Destination Yamaha Motor Platform, our failure to perform these Terms of Use, or shortcomings of any Tour Operator or other third party.

7.3                      We are not responsible or liable for, and do not monitor, endorse or have any control over any Tour Operator’s or other third parties, applications, websites or services linked to or used by the Destination Yamaha Motor Platform, including their accuracy, availability, functionalities, and applicable terms and policies. If you have any questions about the practices and policies of the Tour Operators or other third parties, please review their corresponding terms and policies, and contact them.

7.4           In the event that we are liable under a mandatory applicably law, our liability, on whatever ground, for any damages will be limited to the fullest extent permitted by applicable law. All limitations of our liability will cease to apply if the damage was caused by intent or gross negligence on our part.

7.5                    You agree to indemnify us from any demands, claims and similar actions by other Yamaha Adventurers, Tour Operators or other third parties relating to or arising from your use of the Destination Yamaha Motor Platform, infringement of these Terms of Use or any unlawful behaviour.

8                              Termination

8.1                         Notwithstanding any other provisions, we are at all times at our sole discretion and without any written prior notice or reason entitled to temporarily or permanently terminate your Account with immediate effect, delete or modify all your User Content, and prevent you from creating a new Account, without any liability to you or any third party. You can terminate your Account at any time via our website www.destination-yamaha-motor.eu and discontinuing the access and use of the Destination Yamaha Motor Platform.

8.2                         If you infringe these Terms of Use in any way or otherwise act unlawfully, we are entitled to, without any duty, liability or obligation, examine your User Content and your conduct, and take appropriate actions, which may include but are not limited to: (a) modifying or removing your User Content; (b) suspending or terminating your Account and/or access to the Destination Yamaha Motor Platform with immediate effect; or (c) recovering any damages or costs.

8.3                         After termination, your right to access and use the Destination Yamaha Motor Platform shall cease to exist immediately, and your User Content will be deleted. All provisions that are meant to survive termination of these Terms of Use, shall survive such termination

9                              Applicable law and disputes

These Terms of Use will be interpreted in accordance with Dutch law. All disputes, claims or any other cause of action arising out of or relating to the Terms of Use and/or your access or use of the Destination Yamaha Motor Platform shall be resolved by a competent Dutch court.

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