Terms of Use

   

By accessing www.visitmonaco.com, www.clubdiamantrouge.com and www.monacoauction.com web sites and the various web pages contained therein, as they may change from time to time, users will accept all of the terms and conditions stated for each item on which they place their bid. The hotel packages and all the other items bought on the web sites cannot be resold. Le Club Diamant Rouge de Monaco, LTD., in its sole discretion, may also add, delete or change some or all the features of these sites. This Terms of Use Agreement ("Terms of Use") is between You and Le Club Diamant Rouge de Monaco, LTD., Inc. ("Le Club Diamant Rouge de Monaco, LTD.") and sets forth the terms and conditions governing the user's use of Le Club Diamant Rouge de Monaco, LTD.'s web site currently located at www.visitmonaco.com, www.clubdiamantrouge.com and www.monacoauction.com (these "Sites"). These Terms of Use also incorporate by reference any other terms relevant to this Site. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THE TERMS OF USE. If you do not accept all of the terms and conditions in these Terms of Use, do not use these Sites or Le Club Diamant Rouge de Monaco, LTD.'s services associated with these Sites. Le Club Diamant Rouge de Monaco, LTD. may amend these Terms of Use at any time by posting the amended terms on these Sites and such terms shall be effective for all use of these Sites and any services provided by Le Club Diamant Rouge de Monaco, LTD. via these sites once they are posted. Le Club Diamant Rouge de Monaco, LTD., in its sole discretion, may also add, delete or change some or all of the features of these Sites or Le Club Diamant Rouge de Monaco, LTD.'s services at any time.


The Content on this Site

You acknowledge that these Sites may include information, communications, software, photos, text, video, graphics, button icons, logos, music, sounds, images and other material and services (collectively, "Content") which are generally provided by Le Club Diamant Rouge de Monaco, LTD. or by licensors or suppliers of Le Club Diamant Rouge de Monaco, LTD., including other users of this Site. You agree and acknowledge that, notwithstanding that Le Club Diamant Rouge de Monaco, LTD. provides You with access to the Content, the Content is protected by patent rights, copyrights, trademarks, trade secrets and other intellectual property and proprietary rights (collectively, "Rights"). In addition to Le Club Diamant Rouge de Monaco, LTD.'s and its licensors' and suppliers' Rights in individual elements of the Content, Le Club Diamant Rouge de Monaco, LTD. owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Le Club Diamant Rouge de Monaco, LTD. authorizes You to download and print documents and portions of documents published by Le Club Diamant Rouge de Monaco, LTD. on these Sites solely for Your own internal purposes. Any other copying, modification, reproduction, performance, display, redistribution, retransmission, publication or incorporation into any other web site or other work of any downloaded material is strictly prohibited without the express written consent of Le Club Diamant Rouge de Monaco, LTD. Mirroring these Sites and framing these Sites are also strictly prohibited without the express written consent of Le Club Diamant Rouge de Monaco, LTD. You may not use any "robot," "spider," or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or Content found on these Sites, in any case, without the prior written permission of Le Club Diamant Rouge de Monaco, LTD. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site.

 

Registration with MonacoAuction

To place the bid, each user must agree with the terms and conditions stated above and create their own profile by submitting the following information:


1) First Name
2) Last Name
3) Phone Number
4) Email Address
5) Password
6) Confirm Password
7) Credit Card details
8) Billing Address
9) Mailing Address

 

To place bids on these Sites or use certain other functionality of the Sites, You must complete our online registration form, thereby providing us with the information shown above, including, but not limited to, the identification code to be used by You when You access these Sites (Your "UID"), Your email address and Your credit card information to be used for any winning bids You may have or the Administrative Fee described below. In addition, to post Your Information on this Site, You must provide us with additional information, including, without limitation, a password ("Password"). You are responsible for, and bear the risk of, use of ID(s) and Password(s) assigned to You, whether or not such use is authorized by You, and Le Club Diamant Rouge de Monaco, LTD. shall have no responsibility for controlling or monitoring the use of IDs and Passwords and no liability for any use (authorized or unauthorized) of IDs and Passwords. Accordingly, in order to prevent the unauthorized use of IDs and Passwords, You agree that you will take such actions as are necessary to maintain the confidentiality of Your Password. In connection with the operation and use of these Sites and our services, You hereby authorize Le Club Diamant Rouge de Monaco, LTD. and any party claiming through Le Club Diamant Rouge de Monaco, LTD., including other users, to rely upon any information and/or instructions set forth in any posting using the ID and Password assigned to You without making further investigation or inquiry and regardless of the actual identity of the individual transmitting the same.

 

Bidding

WHEN YOU BID AND WIN AN AUCTION, YOU ENTER INTO A LEGAL CONTRACT WITH LE CLUB DIAMANT ROUGE DE MONACO, LTD. TO PURCHASE THE ITEM SUBJECT TO SUCH AUCTION. This contract is subject to the terms and conditions in these Terms of Use.

 

Once reservations are confirmed, all items are NON-REFUNDABLE AND NON-CHANGEABLE. Reservations may be changed at the sole discretion of the service provider involved.

Le Club Diamant Rouge de Monaco, LTD. reserves the right to set minimum bids and to withdraw any item from auction at any time, for any reason. Bids must be raised by the posted bidding increments. Le Club Diamant Rouge de Monaco, LTD. reserves the right to postpone, delay, interrupt, or cancel any auction for any reason, at any time.

Bidders must be of at least legal age of their state of residence. Persons who are "minors" must use an agent such as a parent or legal guardian who is of at least legal age for the purpose of bidding.

 

Multiple Packages

Multiple Packages state the number of packages available, the retail value, the minimum bid, the bid increments, and the closing time of the auction. At the close of each auction, all winning bidders (as many as the packages available) will pay the amount of the bid they submitted.

Example: "Multiple Auction 2 Night Hotel Package in Monaco" has 2 packages available. At the end of the auction period, 20 bids have been submitted. The top 2 bids are $580 and $550; the 2 winners pay $580 and $550.

 

Payment Terms

Le Club Diamant Rouge de Monaco, LTD. does not require a deposit, but does require payment in full by credit card (all major credit cards are accepted) at the conclusion of the auction. Any person who bids, wins, and does not send payment in a reasonable period of time, will lose the ability to purchase won items. Winning bidders that fail to book their trips within 72 hours of the conclusion of the auction may also be subject to the Administrative Fee described below.

IF YOU ARE THE WINNING BIDDER AND/OR BUYING A TRAVEL PACKAGE OR ITEM ON MONACOAUCTION.COM AND FAIL TO MAKE ARRANGEMENTS WITHIN 72 HOURS, DESPITE THE DELIVERY OF REMINDER EMAILS TO THE ADDRESS IN YOUR USER PROFILE, LE CLUB DIAMANT ROUGE DE MONACO, LTD. RESERVES THE RIGHT TO CHARGE YOU A $100 ADMINISTRATIVE FEE FOR EACH TRIP YOU FAIL TO BOOK AND $10 FOR EACH TOUR & ACTIVITY.

Administrative Fees

This Administrative Fee, and any other payments you must make hereunder, will be charged to the credit card listed in your user profile. You may update your credit card information (and your other Information) in your account.

All auctions and packages shall be charged a $20 processing fee, which will include applicable shipping costs to US addresses on a standard basis. Shipments, however, are subject to additional charges depending on the destination country and delivery service used. International shipping and handling fees can range from $25 for some Canadian cities to over $50 for standard delivery in Central America and Europe.

 

Your Information

"Your Information includes any information that you provide to us or other users or that we derive or gain as a result of the registration process or otherwise in connection with your use of this Site. We welcome your posting of Your Information; however, we do not want and cannot accept any ideas, materials or suggestions that you consider to be confidential or proprietary.

You are solely responsible for Your Information. However, we may take any action we deem necessary or appropriate in our sole discretion if we believe Your Information creates a risk of liability to Le Club Diamant Rouge de Monaco, LTD.

 

Privacy Policy

Le Club Diamant Rouge de Monaco, LTD. will use and disclose Your Information only in accordance with these Terms of Use and our most current Privacy Policy which is available on this Site. You represent that you have read the terms of such Privacy Policy, and agree that such terms are reasonable.

 

Links

Our Sites contain links to other web sites on the Internet that are owned and operated by third parties. Le Club Diamant Rouge de Monaco, LTD. provides these links solely as a convenience. The appearance of a link does not imply our endorsement of, nor are we responsible for the content of, any linked web site. You access linked web sites at your own risk.

No Warranty

LE CLUB DIAMANT ROUGE DE MONACO, LTD. PROVIDES THESE SITES AND THEIR CONTENT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LE CLUB DIAMANT ROUGE DE MONACO, LTD. SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Le Club Diamant Rouge de Monaco, LTD. does not guarantee continuous, uninterrupted or secure access to its services, and operation of these Sites may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Further, Le Club Diamant Rouge de Monaco, LTD. does not guarantee the accuracy, timeliness or completeness of any information on these Sites or the results of your use of this Site. The Internet is not a secure method of transmission, and Le Club Diamant Rouge de Monaco, LTD. cannot guarantee that data en route to or from these Sites are secure from unauthorized, unknown or unforeseeable security breaches. Neither Le Club Diamant Rouge de Monaco, LTD. nor any of its third party providers or distributors warrant that this Site, its servers or any email sent from Le Club Diamant Rouge de Monaco, LTD. are free of viruses or other harmful components.

 

Limitation of Liability

IN NO EVENT SHALL LE CLUB DIAMANT ROUGE DE MONACO, LTD. OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS OF USE, (II) ANY USE OF THE SITE OR THE CONTENT FOUND HEREIN, (III) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES FOR RESERVATIONS OR TICKETING), OR (IV) THE PERFORMANCE OR NON-PERFORMANCE BY LE CLUB DIAMANT ROUGE DE MONACO, LTD. OR ANY THIRD PARTY DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. LE CLUB DIAMANT ROUGE DE MONACO, LTD. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THESE SITES OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LE CLUB DIAMANT ROUGE DE MONACO, LTD.'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100USD.

 

Termination

These Terms of Use will remain in full force and effect until terminated by either you or Le Club Diamant Rouge de Monaco, LTD. If you are dissatisfied with the terms and conditions set forth herein, your sole remedy is to discontinue your use of this Site. Le Club Diamant Rouge de Monaco, LTD. may terminate these Terms of Use or suspend Your access to all or part of these Sites without notice, for any conduct that Le Club Diamant Rouge de Monaco, LTD., in its sole discretion, believes is disruptive to this Site, is in violation of any applicable law or violates these Terms of Use.

 

General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of these Sites.

 

Notices

Except as explicitly stated otherwise herein, any notices under these Terms of Use shall be given to the address indicated below or by email to Le Club Diamant Rouge de Monaco, LTD.'s customer support email address (in the case of Le Club Diamant Rouge de Monaco, LTD.) and to the email address that You provide to Le Club Diamant Rouge de Monaco, LTD. during the registration process, or such other address as You may specify from time to time by updating Your user profile by clicking here. Notice shall be deemed given six hours after email is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail or first class mail, postage prepaid, to the address provided to Le Club Diamant Rouge de Monaco, LTD. during any registration process (or updates thereto). In such case, notice shall be deemed given three days after the date of mailing.

 

No Waiver

The failure of Le Club Diamant Rouge de Monaco, LTD. to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

 

Applicable Law

These Sites are controlled by Le Club Diamant Rouge de Monaco, LTD. from its offices in New York, NY, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of New York, USA and applicable federal law, without regard to any conflict of law provisions. Le Club Diamant Rouge de Monaco, LTD. makes no representation that the Content in these Sites is appropriate for access outside of the United States. Those who choose to access these Sites from outside the United States do so at their own initiative and are responsible for compliance with local laws. You and Le Club Diamant Rouge de Monaco, LTD. irrevocably agree that venue and jurisdiction for any disputes arising hereunder lies exclusively in New York City, New York, and You hereby submit to personal jurisdiction in New York City, New York and waive any objection to venue, jurisdiction and forum non conveniens.

 

Indemnification

You agree to indemnify and hold Le Club Diamant Rouge de Monaco, LTD. and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of any breach by You of these Terms of Use (including, without limitation, the documents incorporated by reference), or Your violation of any law or the rights of any third party.

 

Savings Clause

If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provisions, and the remainder of these Terms of Use will remain in full force.

 

Trade marks

Le Club Diamant Rouge de Monaco, LTD., Le Club Diamant Rouge de Monaco, LTD. Logos are trademarks or service marks of Le Club Diamant Rouge de Monaco, LTD., Inc. All such trademarks, trade names and service marks are proprietary to Le Club Diamant Rouge de Monaco, LTD. and may not be used in connection with any product or service that is not Le Club Diamant Rouge de Monaco, LTD.'s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Le Club Diamant Rouge de Monaco, LTD., without Le Club Diamant Rouge de Monaco, LTD.'s express written permission. All other trademarks, product names and company names and logos are the property of their respective owners. You agree not to change, obscure or delete copyright, trademark or other proprietary notices from any Content, which you download or print.

Copyright © 2003, Le Club Diamant Rouge de Monaco, LTD., Inc. All rights not expressly granted herein are reserved.

 

Contacting Le Club Diamant Rouge de Monaco

If You have any questions about these Terms of Use, the practices of these Sites or Your dealings with this Site, You can contact:


Le Club Diamant Rouge de Monaco, LTD., Inc.
565 Fifth Avenue
New York, NY 10017
Tel.: (800) 371-CLUB
Fax: (212) 286-9890