Terms of Online Sales:
Please read these Terms and Conditions of Online Sales ("Terms of Sale") carefully before purchasing organized trips, circuits, transfers, excursions, transport, accommodations, and/or other tour services through the Cherg.com website (the "Services"), doing business as Cherg Expeditions SARL in partnership with Hunter Marsh SARL ("Us", "We", or "Our").
These Terms of Sale govern sales to customers ("You" or "Your") of Services from Us. Your purchase(s) are conditioned upon Your acceptance of and compliance with these Terms of Sale, that We recommend you read carefully before making an online purchase. It is your responsibility to print or save these Terms of Sale.
By purchasing through the Services, You agree to be bound by these Terms of Sale. If You disagree with any part of these Terms of Sale, then You may not purchase through the Services.
Placing an Order
You must be at least 18 years old with a valid credit card in Your name to place an order for Services. You represent and acknowledge having read these Terms of Sale as well as all the terms of the offer before placing Your order. The placement of your order confirms your acceptance of these Terms of Sale, without exception.
We may change the price for the Services at any time, with or without notice. All orders will be made in Moroccan Dirham and include tax, calculated based on the applicable rate on the date of Your order.
We reserve the right not to confirm an order and/or process a payment for any reason in Our sole discretion.
You will be informed of any required credit card processing fees when placing Your order. These processing fees are subject to change without notice and may be increased, reduced, or waived, in Our sole discretion.
It is Your responsibility to inquire into and ensure the validity of any documentation necessary for entry into Morocco and the execution of Your trip. We will not be held responsible for an inability to travel, a refusal of entry into Morocco, or any other situation where You would be unable to benefit from the Services ordered due to Your noncompliance with this provision.
If You place an order for more than one person, You guarantee to be jointly and severally responsible for all payments due by each person for whom You place an order. You acknowledge that information transmitted to You through the Services and an order will be transmitted by You to all the persons for whom You place an order.
Confirmation & Payment
You will be sent an email with the details of Your order and a link through which You may make payment directly through Our payment processor. We may make other payment options (e.g., shopping cart purchase by credit card or PayPal) available through the Services, in Our sole discretion. To confirm Your order, a payment equal to 100% of the total order amount is required, with payment of the balance due, if any, to Us cash, credit card, or any other method of payment we accept.
As part of Our fraud prevention program and in order to protect Us and You against fraudulent transactions, We may request additional documentation to verify Your identity, including but not limited to:
§ A copy of an identity document (e.g. Your driver’s license or other issued identity card); and/or
§ A copy of the credit card used for the order transaction signed by You; and/or
§ An identity form attestation signed by You.
Upon payment of the total amount of Your order by credit card or any other method of payment integrated into the Services, You will receive confirmation of the order, including the total price.
Your payment data will be encrypted and sent over a secure connection to Our payment processor. Confirmation and a summary of payment for Your order will be sent to You to the email address You provide to Us.
By completing the order form and providing Us with Your credit card details You give Us the right to apply the method of payment chosen by You, and the provisions of these Terms of Sale and/or those of Your credit card issuer, relating to the fraudulent use of Your credit card. The credit card details You provide to Us constitutes proof of the authenticity of the order transactions between the You and Us.
Changes & Cancellation
Our Services are subject to availability, and We can withdraw them at any time. In the case that Our Services are unavailable after placing Your order, We will promptly inform You. Your order will be cancelled, and no debit will be made to Your credit card, or if already made will be refunded.
You may change the dates for Services you purchase in an order subject to availability, any price increase applicable on the date of Your change, and the terms of cancellation below. You must contact Us directly through the methods in the Contact Us section below to change the dates of Services.
You may cancel Your order up to 31 days before Your arrival date and the amount You have paid will be refunded. If You cancel Your order more than 14 days before your arrival date, 50% of the amount You have paid will be refunded. If You cancel Your order 14 days or less before your arrival or you do not check in with Us on your scheduled arrival date, the amount You have paid will be nonrefundable. All cancellations are subject to service or other fees We may have already incurred. We reserve the right to reduce or waive these cancellation fees, or offer a voucher for future Services, in Our sole discretion.
Except in the case of fraud for which it is up to You to provide proof of, You are financially responsible for all orders You process on the Services. You also guarantee the truth and accuracy of the information You provide on the Services.
In the case of payment by credit card, the provisions relating to fraudulent use of the credit card provided for in Your agreements with the issuer of Your credit card apply to Your order transaction. Any fraudulent use of the Services violating these Terms of Online Sale, will justify at any time Our refusal of Your access to the Services, Our other websites, and/or services.
Your Personal Data
Termination of Services
You agree that all members of Your party will abide by Our tour rules in effect at the time of and for the duration of Your tour. It is Your responsibility to ensure that You and/or all members of Your group act in an appropriate manner and not in a manner that could endanger, torment, injure, or harm others or that could damage property belonging to Us or others (including drunkenness or aggressive behavior) during Your tour.
In the event that You or anyone in Your group exhibits behavior that is inappropriate and/or that We believe would endanger, torment, injure, or harm other persons or risk damaging Our property or that of our partners, We will take appropriate measures to ensure the safety and comfort of all of Our customers and their property. These measures may include terminating Your access to the Services, in which case You and Your group will be asked to immediately end your tour, and You will not be entitled to any reimbursement, refund, or compensation relating to the fees paid resulting from such termination. You agree to immediately reimburse Us for all costs We incur relating to such termination. Any measures that We take in this regard will be in Our sole discretion.
We may also terminate or suspend access to Our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Sale or a force majeure event (e.g., inclement or unusual weather, the unforeseeable act or omission of a third party, or a public health emergency).
All provisions of these Terms of Sale which by their nature should survive termination shall survive.
Your use of the Services is at Your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We shall not be held liable for any damages and/or inconveniences suffered by You, whether resulting from Your behavior or that of any third parties.
We reserve the right, in Our sole discretion, to modify or replace these Terms of Sale at any time. If a revision is material, we will try to provide 30 days' notice before the revised terms take effect by posting the revised terms on the website You used to purchase Services. What constitutes a material change will be determined in Our sole discretion.
By continuing to access or use the Services after those changes become effective, You agree to be bound by the revised Terms of Sale. If You do not agree to the new Terms of Sale, please stop using the Services.
These Terms of Sale shall be governed and construed in accordance with the laws of Morocco without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms of Sale will not be considered a waiver of those rights. If any provision of these Terms of Sale is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Sale will remain in effect. These Terms of Sale constitute the entire agreement between You and Us regarding the sale of the Services and supersede and replace any prior agreements existing between You and Us regarding sale of the Services.
If you have any questions about these Terms of Sale, contact us at Info@cherg.com or through the Contact Us form on the Services website.
- Your cherg.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Cherg may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Cherg liability. You must immediately notify Cherg of any unauthorized uses of your blog, your account or any other breaches of security. Cherg will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Cherg or otherwise.
By submitting Content to Cherg for inclusion on your Website, you grant Cherg a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Cherg will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Cherg has the right (though not the obligation) to, in Cherg Expéditions' sole discretion (i) refuse or remove any content that, in Cherg Expéditions' reasonable opinion, violates any Cherg policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cherg Expéditions' sole discretion. Cherg will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Cherg the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Cherg before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Cherg in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Cherg the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Cherg reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Cherg.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Cherg to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free cherg.com services. All support will be provided in accordance with Cherg standard services practices, procedures and policies.
- Responsibility of Website Visitors. Cherg has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Cherg does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cherg disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cherg.com links, and that link to cherg.com. Cherg does not have any control over those non-Cherg websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cherg website or webpage, Cherg does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cherg disclaims any responsibility for any harm resulting from your use of non-Cherg websites and webpages.
- Copyright Infringement and DMCA Policy. As Cherg asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cherg.com violates your copyright, you are encouraged to notify Cherg in accordance with Cherg Expéditions' Digital Millennium Copyright Act ("DMCA") Policy. Cherg will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cherg will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cherg or others. In the case of such termination, Cherg will have no obligation to provide a refund of any amounts previously paid to Cherg.
- Intellectual Property. This Agreement does not transfer from Cherg to you any Cherg or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cherg. Cherg, cherg.com, the cherg.com logo, and all other trademarks, service marks, graphics and logos used in connection with cherg.com, or the Website are trademarks or registered trademarks of Cherg or Cherg Expéditions' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cherg or third-party trademarks.
- Advertisements. Cherg reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Cherg reserves the right to display attribution links such as 'Blog at cherg.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Cherg reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cherg may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Cherg may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cherg.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Cherg if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Cherg Expéditions' notice to you thereof; provided that, Cherg can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Cherg and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cherg nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Cherg, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cherg under this agreement during the twelve (12) month period prior to the cause of action. Cherg shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Cherg, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Cherg and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cherg, or by the posting by Cherg of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Morocco, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Morocco. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Morocco, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cherg may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.