Terms of service

Welcome to The Higher Circles!

The Higher Circles FZ-LLC (the “Company”), doing business all over the world as The Higher Circles FZ-LLC is a travel consultant company that specializes in designing tailor-made trips for customers.

The Higher Circles FZ-LLC provides excellent service and unique experiences by consulting with clients and creating an itinerary to suit their needs, which can be anywhere from just visiting one destination or going on multiple adventures across various regions of the world.

Throughout the website (https://thehighercircles.com), the terms “we”, “us” and “our” refer to The Higher Circles FZ-LLC.

By visiting our website, subscribing or purchasing something from us, you engage in our “service” and agree to be bound by the following Terms (the “Terms”). These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any service.

You may use the Services only in accordance with the Agreement. You may use the Services only if you have the legal power and capacity to form a contract with The Higher Circles FZ-LLC. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

The Higher Circles reserves the right to modify the Terms at any time, posting any updates on the Website. Your access or use of the Services after the notice is posted indicates acceptance of those changes.

1. USING THE HIGHER CIRCLES  – YOUR COMMITMENTS

To ensure good functioning, and in exchange for such services, we require that you commit to the following, notably when accessing and using our Website and Services:

• You must be a human. Use of the Website by “bots” is not permitted.
• You agree to these Terms and the Privacy Policy as an individual.
• If you send us any question, comment, suggestion, enhancement, idea, and other information regarding Website, we will be entitled to use and disclose them without any restriction, whether commercial or not, free-of-charge.
• You must use Website fairly, in accordance with this Agreement, applicable laws and regulations, including intellectual and industrial property laws. Website may contain elements, materials and content copyrighted and/or protected by patent and/or intellectual property laws.
• Website, trademarks, designs, models, images, texts, photos, logos, graphic charts, software and programs, databases, sounds, videos, domain names, designs or any other element composing the application, with the exception of your accounts, are the exclusive property of The Higher Circles FZ-LLC and are protected by any intellectual or industrial property right recognized by the laws in force.
• Consequently, The Higher Circles FZ-LLC cannot be held liable for the sole fact of the use of our services by you.
• You should not use Website in violation of this Agreement, applicable laws and/or third party rights. If you do, we can suspend the use of the system and close your account. We can also communicate all necessary information to the competent services in charge of the repression of offenses.

2. ACCEPTABLE USE

You shall not:

1. share nonpublic System features or content with any third-party;
2. access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas; or
3. engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.

If The Higher Circles FZ-LLC suspects that you have violated the requirements of this section, we may suspend your access to the system without advanced notice, in addition to other remedies we may have.

The Higher Circles FZ-LLC is not obligated to take any action against you or any other system user or other third party for violating this Agreement, but we are free to take any such action it sees fit.

3. PAYMENT TERMS

The customer must make full payment for the trip before the departure date. Any unpaid amount will result in the cancellation of the trip.

Unless otherwise agreed by us, your payment should be executed by swift transfer to our bank account detailed on the invoice. Any bank charges levied by the sending bank relating to transfers to us must be paid by customer. Payment by credit card is acceptable but a service charge will apply and will be covered by the customer. In the event of any discrepancy please contact us immediately.

4. YOUR DATA

“Your Data” means any data and content stored or transmitted via the Services by you. This may include messages, files, comments and anything else you enter into The Higher Circles FZ-LLC.

It’s your responsibility to ensure that you have all rights and permissions needed to comply with the Agreement and to avoid infringement or violation of any rights of others.

You acknowledge that The Higher Circles FZ-LLC has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.

Nothing in the Agreement will restrict The Higher Circles FZ-LLC from collecting, using and analyzing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that The Higher Circles FZ-LLC does not specifically identify you or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data. Additional information about what we do with Your Data and how we collect and use other information relating to you and your use of the Services is explained in our Privacy Policy.

5. THE HIGHER CIRCLES  AND CLIENT RELATIONSHIP

1. The Higher Circles acting as an agent

By choosing to work with our company, you are contracting us as your agent. You authorized us to do so including assuming payment obligations on behalf of all confirmed bookings.

2. Tailor-made trips

All tailor-made Trips are designed to your needs and require at least two nights stay before they can be booked and accepted into an itinerary – once this is agreed upon by both parties then we’ll send over the pricing information so that there won’t be anything left up until finalizing everything together!If you have any concerns about the itinerary we are finalizing, please contact us. We will send revised proposed itineraries until everything is perfect for both parties – but once an agreement has been confirmed through payment of deposit or other amounts (dependent upon availability), no modifications are allowed without mutual consent before going into production which means hurry up while choosing special requests because they’ll definitely matter more than anything else does now.

3. Information accuracy

You are solely responsible for the accuracy and completeness of all the information you provide to us, including your guests’ names, along with any other details related to their travel plans. We cannot guarantee that a change in itinerary will be possible if it affects an upgrade or special service requested by them; however we’ll do our best effort at assisting as much as possible!Please be aware that we cannot guarantee your trip will go as planned if you provide us with inaccurate or incomplete information. You are entirely responsible for any expenses incurred in amending confirmed itineraries due to this oversight, and there is no compensation available from ourselves or anyone else unless it’s required by law!

4. Special requests

We want to ensure that our Offerings are accessible for everyone, which may mean including accommodations such as providing a hotel room with wheelchair access or changing how transportation operates. Please let us know if you need any special accommodations or modifications to the itinerary. We want our guests with disabilities able and comfortable wherever they are on their journey.

6. GRANT OF THE LICENSE

Subject to the Terms of this Agreement, The Higher Circles FZ-LLC hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to access our Website, Products and Services solely for the use of the The Higher Circles FZ-LLC Service.

During your use of the Software, you must comply with the allowed uses and use limitations and restrictions on these Terms.

7. LICENSE RESTRICTIONS

1. Customer may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Website;
2. Customer may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Website and Customer may not reverse engineer, extract, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Website;
3. Customer not and agrees not to or enable others to use the Licensed Website in the operation of any business or any other equipment;
4. Customer may not and agrees not to or enable others to remove or obscure Company’s copyright or trademark notices, or the copyright and trademark notices of any third parties that The Higher Circles FZ-LLC has included in the Licensed Website;
5. Customer may not use the Contents built in the Website in any way that allows others to download, extract, or redistribute the Contents as a standalone file (meaning just the content itself);
6. Customer may not use the Contents built in the Website in electronic or digital templates intended for resale or other distribution;
7. Customer may not export the Contents built in the Website or distribute the Contents; and
8. Customer may not and agrees not to or enable others to use the Licensed Website in any manner that is illegal or not allowed by this Agreement.

8. WEBSITE LICENSE TRANSFER

Customer may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Website, or the License granted by this Agreement without prior written consent of The Higher Circles FZ-LLC.

9. WEBSITE UPDATES

The Higher Circles FZ-LLC may provide User with Website Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, “Update” means a new version of the Licensed Website containing technical modifications, updated information, altered functionality, or any other changes that are intended by Company to improve or to add, delete or otherwise modify any aspect of the Licensed Website. “Content Update” shall mean an update of the content used by the Licensed Website that might need to be updated from time to time.

10. LINKS TO OTHER WEBSITES

Our Service may contain links to third party websites or services that are not owned or controlled by The Higher Circles FZ-LLC.

The Higher Circles FZ-LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that The Higher Circles FZ-LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

11. SUSPENSION OF SERVICE

If The Higher Circles FZ-LLC determines in its sole discretion that you have violated any element of these Terms of Service, your access may be immediately suspended or terminated, up to and including the termination of the Agreement by The Higher Circles FZ-LLC, with or without notice. The Higher Circles FZ-LLC shall not be liable for any damages of any nature suffered by any user, or any third party, resulting in whole or in part from The Higher Circles’s exercise of its rights under these Terms of Service.

12. ACCOUNT SECURITY

You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether authorized by you. Accordingly, you should notify The Higher Circles FZ-LLC immediately of any unauthorized use of your account. You acknowledge that if you wish to protect Your Data when you are transmitting it to The Higher Circles FZ-LLC, other than via the The Higher Circles FZ-LLC services, it is your responsibility to use a secure encrypted connection to do so.

13. TERM AND TERMINATION; SUSPENSION

The Agreement shall begin on the effective date as specified in your Order and shall continue as specified in your Order (the “Term”). We reserve the right to suspend or terminate the Services in whole or part at any time, with or without cause, and with or without notice, without incurring a liability of any kind. For example, we may suspend or terminate your use if you are not complying with the Agreement, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Services or damage to our business or reputation, or for any other reason. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.

14. CANCELLATIONS

Any changes to your existing reservation (including cancellation) are subject to current rates and terms at a time of change or unused travel/components. Revisions require that you inform each supplier in order for them to make any adjustments on their end prior before Charges can be refunded. However there may still potentially exist some penalties if notification is received too close towards departure date which could range up 100%.

If the number of travelers in a room change, then each traveler will be responsible for any additional costs incurred as a result. Airline tickets and resort fees are always non-refundable unless specified otherwise by an airline or hotel reservation website, respectively.

You are solely responsible for checking in at the correct time (whether booked through us or otherwise) and presenting yourself to take up all pre-booked components of your Offering. We will not accept responsibility if you miss flights, activities etc., as a result, late check-ins or failure to arrive on an arranged date/time frame – No credit or refunds will be given for lost, mislaid or destroyed travel documents.

We don’t want to have any outstanding obligations, so if we are forced by law or misconduct to end your offer prematurely, then there will be no refund and you must leave our location immediately. If you are terminated by a Supplier or applicable law in relation to other people’s enjoyment, then there is no further obligation on our part and expenses incurred as well as refunded amounts would not be given back. We hope this has been helpful information!

15. REFUND

In the unlikely event that you require a refund, the funds will be returned to the Customer using the same method and the same bank/card details from where the Customer made the initial transaction to The Higher Circles FZ-LLC.

The Higher Circles FZ-LLC will refund the price of the original package choses before purchase, which is the amount before fees are charged by providers.

To request a refund the Customer should contact us by writing a letter to the The Higher Circles’s email address [email protected] with a request for a refund and indicating the transaction number for which a refund is required.

Clients must provide accurate and correct information related to the initiated transaction. The Higher Circles FZ-LLC is not responsible for the result of any transaction made due to Customer error, or due to the provision of incorrect or misleading information.

Please note that in case of incorrect personal details specified by the Customer when making a payment, the costs and fees incurred during the processing of the refund will be reimbursed exclusively by the Customer.

16. TRAVEL INSURANCE

The Higher Circles FZ-LLC strongly recommends that you purchase travel insurance. This will help minimize the financial loss incurred due to unforeseen events such as cancellation, missed connections and baggage theft – especially in cases where there has been a delay or an emergency situation arises on your trip which cannot be prevented by any means at hand (medical emergencies). It’s important for travelers who opt out of coverage signifying they decline protection against these risks.

17. PASSPORT AND VACCINATION

Please be aware that there are a number of requirements and formalities which you must ensure are met before your trip abroad. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the embassy of the country you are visiting to confirm you should still travel. These also include checking the appropriate documents, applying for any vaccinations necessary based on personal conditions or recommendations from doctors familiar with your destination country’s health standards as well fulfilling all other legal obligations associated with traveling internationally. The customer is responsible for obtaining and carrying all necessary travel documents, including passports, visas, and health certificates. The Higher Circles will provide assistance and advice but will not be held liable for any delays or losses caused by the customer’s failure to obtain the necessary travel documents.

18. WARRANTIES

The Higher Circles FZ-LLC warrants that: (i) it will perform the Services under the good commercial practices; (ii) it will provide the Services in a professional manner, consistent with recognized industry security standards; (iii) it will comply with all applicable law, and be duly licensed and otherwise authorized to provide the Services; and (iv) it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.

Customer warrants that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.

With the exception of those express warranties made in this section, to the maximum extent permitted by law, The Higher Circles FZ-LLC disclaims all warranties, whether express, implied or statutory.

19. INDEMNIFICATION

You will defend and hold us and our affiliates, employees, officers, directors, agents, successors and assigns, harmless at your own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Data; (ii) your violation of any third party rights (including third party intellectual property rights or privacy rights); and (iii) your use of the Services in any way contrary to the Agreement.

20. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will The Higher Circles FZ-LLC, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether The Higher Circles FZ-LLC has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. The aggregate liability of The Higher Circles FZ-LLC to you, any affiliate or any third party for all claims relating to the services or connected with the agreement, regardless of the damage’s theory, will not exceed the fees paid or owing to The Higher Circles FZ-LLC under the agreement in the twelve (12) months preceding the date the claim arose. The limitation of liability provided in this paragraph will apply in the aggregate to you and your affiliates and shall not be cumulative. The parties acknowledge and agree that the purpose of this paragraph is to provide for the allocation of risk and limit potential liability given the fees paid, which would have been substantially higher if we were to assume any further liability than provided for herein.

Some Countries/States do not allow the types of limitations in this paragraph, so they may not apply to you. In those jurisdictions, The Higher Circles liability will be limited to the greatest extent permitted by law.

In addition, The Higher Circles FZ-LLC and its authorized personnel may require access to Your Data or account for the purposes of assisting you with any step of your account setup or any other troubleshooting, including obtaining email connectivity. Neither The Higher Circles FZ-LLC nor any of its employees will be liable in cases where this access exposes us to your private data, including prospect info and email metadata and content. By using The Higher Circles FZ-LLC, you agree to permit The Higher Circles FZ-LLC representatives these permissions only when circumstances necessitate it. We reserve the right to assist in these ways when needed and will keep information confidential as per our Privacy Policy.

21. FORCE MAJEURE

Neither party to these terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms where such delay or failure is beyond its control, such as were caused by internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action and natural disasters.

22. MODIFICATIONS

We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of any change (for example, via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, simply don’t use the Services after the change is effective, in which case the change will not apply to you.

23. GOVERNING LAW

This Agreement will be governed by the law of Dubai, United Arab Emirates, without giving effect to the principles of conflict of law.

24. SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

25. CONTACT INFORMATION

Questions about this agreement should be sent to us at [email protected]