The team at Panomaticsvr are in pursuit of guiding the future of digital online content, exclusively for employees of the tourism and travel agency industry. We adapt to changes in the digital world and aim to set the trends that provide a platform of specialist advice, resources and innovative digital marketing and advertising. Our services are designed to offer visually enhanced media content, to boost business rates of investment of travel and tour operators connecting the global community of travellers and digital nomads searching for their next holiday destination.
Section A: General Guidelines
1. For all agreements with Panomaticsvr (‘the supplier’)
1/F 120 Connaught Road West,
Central District, Hong Kong
the present Terms and Conditions apply.
2. The present Terms and Conditions provide a general guideline of using the services that Panomaticsvr offer to their customers. The Terms and Conditions apply exclusively to the offers and agreements of Panomaticsvr and the contracting parties.
3. The agreement is only valid after the contract, with the present terms and conditions, is confirmed and signed by Panomaticsvr in writing.
i. Terms and Conditions articulated by the contracting party that do not satisfy the terms and conditions of Panomaticsvr, are not part of the contract, even with the knowledge of Panomaticsvr, unless Panomaticsvr expressly agrees to their validity in writing.
Rights and Limits
4. Notice for changes to Terms and Conditions in the agreement
i. Panomaticsvr is entitled to change or alter the terms and conditions insofar as the changes are reasonable by the contracting party.
ii. Panomaticsvr agrees to offer a duty of care to their customers. Panomaticsvr will inform the contracting parties of notice for changes to the terms and conditions within a reasonable time frame, prior to the changes made to the term and conditions, by email or by post.
iii. If the contracting party does not object within 6 weeks after receipt of notification, the changes to the terms and conditions shall be deemed accepted.
iv. Panomaticsvr agree to provide a duty of care to inform their customers upon the details of notice for changes to the terms and conditions, the right of objection and legal consequences of the deadline.
v. We ask our customers to carefully read the guidelines and if in doubt, please do not hesitate to contact Panomaticsvr. [CONTACT US] – BACKLINK BUTTON
5. Services of Panomaticsvr
i. The services owned by Panomaticsvr facilitates a professional standard of resources, with attention to the current state of the travel and tourism industry. The target of data and information sought for by Panomaticsvr, is managed with due care and diligence and executed at a high regard. Success of a contract is only owned by Panomaticsvr if it has been expressly agreed with the contractual partner.
ii. Panomaticsvr may use third parties for the provision of the services at its own discretion
i. Panomatics provides a contract of services and has an obligation that supports the duty to supply customers with outstanding services, only upon receiving advance payment or security. If after a contract is signed by Panomatics and deemed endangered by circumstances which are likely to substantially reduce the creditworthiness of the contracting party, Panomatics have a duty of care to the customer.
ii. Claims against Panomaticsvr can only be assigned to third parties with the consent of Panomaticsvr.
iii. The offsetting
Counterclaims of the contracting party or the retention of payments due to such claims is only granted if the counterclaims of Panomaticsvr are acknowledged, undisputed or legally established.
Disclaimer, Rights and Liabilities
7. Privacy and Secrecy
i. The Confidential Information to be disclosed can be described as and includes:
Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
ii. This agreement states that the entire agreement between the contracting parties undertake to keep confidential all business and trade secrets concerning the disclosure of confidential information, which they receive in the course of the performance of the contract and / or which are known as "secret" or "confidential".
iii. The information and the corresponding documents may not be made accessible to third parties not involved in the performance of the contract. The recipient agrees not to disclose the confidential information. This secrecy and security obligation also applies to any software provided.
i. A claim for damages by the contracting parties, based on intent or gross negligence, fraudulent concealment of defects, shall deem Panomaticsvr liable without limitation.
ii. A claim for negligence. Panomaticsvr shall only be liable for negligence if a duty of care, which has particular importance for the achievement of the purpose of the contract is violated. In such case liability is limited to foreseeable and typically occurring damage.
iii. Panomaticsvr does not warrant or guarantee that the exchange of data over the internet will have uninterrupted or error free service from the program, in the current state of the media art form offered by Panomaticsvr. This does not include times when the server is due to technical or otherwise, problems that are not within the sphere of influence of Panomaticsvr are not achievable.
9. Disputes, Arbitration and Written Form
i. The legal relationships of the contracting parties shall be governed by English Law.
ii. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be the United Kingdom.
The Language to be used in the arbitral proceedings shall be English.
iii. A written form shall be sufficient, via fax or email to provide a copy of the signed declaration transmitted.
vi. Insofar as the contract or these terms and conditions contain loopholes, those legally effective provisions are deemed to have been agreed to between Panomaticsvr and the contracting parties.
Section B: Conditions for the use of the website Panomaticsvr
1. Use of the website
i. Panomaticsvr offers users and contractual parties free accessibility without charge to the website and information or not password protected areas of the website
ii. Panomaticsvr offers free accessibility for users to use the content and services freely but only for informational purposes as well as for personal use. Commercial use of information, content, software, products or services that are freely accessible or viewable via the website is not entitled. In particular, the modification, copying, distribution, transfer, assignment, sale, exploitation, reproduction, licensing, public performance, exhibition and other publication are prohibited.
iii. Users authorised to download, display or print out content for personal use from individual pages of the website, are required to specify the source (© Panomaticsvr) in the file or the printout with an easy-to-understand, legible and permanently attached note.
2. Protected areas of the website, protection of access data
i. The use of information and retention of access data to password protected areas of the website is committed to careful and conscientious use. Unauthorized persons can not gain access to the protected areas of the website. Users will lose access to data if accessed by unauthorized persons that report password-protected areas of the website without culpable hesitation.
3. Prohibited Actions
i. The user acknowledges that the website is used only to the extent permitted by the terms and conditions of the contract. Harmful programs and / or features, such as programs to automatically generate page views or content on the website or content from automatically copying the site is not permitted.
ii. Users are not entitled to provide any content and information through the website that constitutes disguised advertisements.
- are untrue or discriminatory or intentionally untrue;
- contain viruses or Trojans or other malware,
- ∙immoral or offensive or pornographic;
- Business actions are unreasonable nuisance to the other users (eg in the form of chain letters surveys, SPAM)
iii. If it is evident that the user is culpable of violating the terms and conditions of the contract, third party rights such as in particular, name, copyright and trademark rights of these terms and conditions or if Panomaticsvr has particular interest to protect other users of fraudulent activities, Panomaticsvr is entitled to take one or more of the follow measures.
- Warning the user;
- Restriction of use of the website
- Exclusion of the user – provisional or final – from the sue if the website (blocking)
Section C: other conditions for the commissioned production of content
1. Subject matter of the contract
i. The subject of the contract is the creation and production of online digital content offered as services by Panomaticsvr. The website facilitates an online domain of information and resources on a dedicated storage medium.
ii. The transfer of source codes that provide fully executable descriptions of a software system to the contracting party are not owed by Panomaticsvr. However, source codes and other source files remain the property of Panomaticsvr.
2. Duties of the Contracting Party
i. The agreement between the contracting Parties serves to apply a duty of care where the contracting party shall promote the services provided by Panomaticsvr by means of appropriate cooperation.
ii. The contracting party is responsible for obtaining information about the conditions of the services provided by Panomaticsvr. The contracting party trusts that the specification of the services meets their needs and demands. In case of doubt,
the contracting party can be advised by Panomaticsvr before concluding the contract.
iii. If necessary, the contracting party shall appoint a person of contact to manage all matters relating to the respective contract. The appointed person of contact will be able to make all decisions related to the contract in a timely manner and will be made available by the contracting party to achieve the purpose of the contract.
iv. The contractual partner shall provide Panomaticsvr with the necessary basic material for the execution of the contract, in particular, but not exclusively to, texts, data, illustrations, graphics, logos and other materials and information. . If additional material is required, an hourly rate will be agreed.
v. If obligations agreed to by the contract party are not fulfilled by appropriate cooperation Panomaticsvr is therefore unable to provide all or part of the service owed within the agreed time, the remuneration remains due and the period agreed upon for the provision of services is extended appropriately.
3. Changes and Extensions to the Terms and Conditions
i. Changes and Extensions requested by the contracting party to the terms and conditions after agreement of the contract is established must be submitted in writing.
ii. Panomaticsvr will inform the contracting party within 14 working days from receipt of the proposed changes and extensions to the Terms and Conditions. Panomaticsvr will see if the proposed changes are feasible and what changes will be made to the schedule and price. If no agreement can be reached between the contractual parties regarding the desired changes within a further 14 working days after receipt of the change planning, Panomaticsvr carries out the agreement of the term and conditions without consideration of the proposed changes.
4. Materials, Rights of third parties, Exemption Clause
i. The contracting party agrees to provide the basic materials to Panomaticsvr for the intended purpose of the contract. Basic material that violates the terms and conditions and applicable law or rights of third parties will not be accepted. If third-party rights exist with regard to the basic material provided, such as copyrights, industrial property rights, name, trademark and / or trademark rights, the contracting party have a responsibility to possess the licenses and rights required for the purpose of the contract.
ii. If third-party rights affirm in the terms and conditions to Panomaticsvr that the incorporation of basic material comply with Section C.
If the rights of third parties are violated with reference to Section 4 (i), Panomaticsvr will inform the contracting party immediately. Panomaticsvr is entitled to take appropriate measures to defend third-party claims or to prosecute its rights. The contract party’s measures must be coordinated in advance with Panomaticsvr.
iii. Where the contracting party undertakes to indemnify Panomaticsvr against any liability in this respect. The contracting party has a responsibility to indemnify third parties, to support Panomaticsvr in legal defense and to bear any damages plus the costs of appropriate legal defense at the request of Panomaticsvr.
5. Remuneration, Expenses, Terms of Payment
i. The remuneration specified by Panomaticsvr is exclusive of statutory taxes and duties, in particular VAT.
ii. The remuneration owed and due by the contracting party shall be payable immediately upon receipt of a written invoice from Panomaticsvr; this applies equally to budget bills and final invoices.
iii. A return of payment of travel expenses to Panomaticsvr, which are necessary for the fulfillment of the contract, in particular flight and travel costs, a place of work and costs for accommodation and meals are reimbursed by the contracting party providing the appropriate documents are presented.
iv. For additional expenditures exceeding those specified in Section C, for services provided by Panomaticsvr that go beyond the particulars in the terms and conditions, the contracting parties shall agree on an hourly fee (plus statutory taxes) for the rates of the respectively valid price list of Panomaticsvr.
6. Copyright, Rights of Use
i. Panomaticsvr is entitled to copyright protection in all multimedia products manufactured in accordance with the Copyright and Neighboring Rights Act of the country that the Laws are governed
ii. Unless expressly agreed otherwise in a particular case, the contract party acquires a simple, non-exclusive right of use that is restricted to the media. The contracting party acquires the right of use with full payment of the fees according to section C, paragraph5. The transfer of rights of use to third parties is prohibited to the contracting party and requires the prior express consent of Panomaticsvr. The copyright always protects the right of Panomaticsvr.
iii. Reference to the composition of information and resources of Panomaticsvr are included in the online digital content of the website. The implementation of hyperlinks on the internet gives Panomaticsvr presence in the market. The contracting party is not entitled to remove these instructions without the consent of Panomaticsvr.
7. Contract period, termination
i. The contract period is regulated under specified regulations.
ii. The extraordinary right of termination for good cause remains unaffected in any case. An important reason for terminating the contract shall in particular be given if:
(a) contracting party grossly violates the obligations expressly set out in this contract and continues the infringement regardless of a warning;
(b) the contracting party finally refuses or suspends the payment of due debts, initiates insolvency or legal settlement proceedings/arbitration, or declines due to lack of assets or if an out of court settlement procedure takes place, or
(c) Claims of the contracting party are seized and the seizure is not canceled within two weeks.
Section D: Further Conditions for Virtual 360 ° Reality Business Customers
1. Preliminary remark, Scope
i. Section D of these terms and conditions provide additional guidelines to all business relationships between Panomaticsvr who have access to the Virtual 360 ° Reality Portal.
ii. Business customers within the meaning of Section D of these terms and conditions, including particular to tour operators and travel agents, as well as other natural or legal persons or legal partnerships who, when entering into a contract with Panomaticsvr, act in the exercise of their independent professional or commercial activity. For the contractual relationships with customers who act as consumer, separate terms and conditions of Panomaticsvr apply.
2. Subject matter of the contract
i. The subject of the contract is the temporary, paid-for granting of access and use rights to audio, video and image content by Panomaticsvr or third parties commissioned by it to the business customers. The content is made available to the business customer as well as its end-user virtual 360 ° tours on cruise ships, in hotels or other tourist facilities.
ii. The business customer may choose between the acquisition of a short-term license and an annual subscription.
iii. Panomaticsvr makes no warranties or representations regarding the marketability, suitability for a specific purpose, the accuracy or completeness of the contents, the uninterrupted service or the faultless functioning of the service. Business customers are not entitled to include certain topics and / or objects in the contents of Panomaticsvr.
3. Obligations of business customers
i. The access and usage rights granted by Panomaticsvr shall only be disclosed to the business customer in the section D for the purpose of selling online digital content services and products to customers by Panomaticsvr
ii. The business customer is obliged to protect access data for his personal customer area from unauthorized access.
iii. The business customer shall provide the transmission channels (in particular a suitable internet connection) required for the display, reproduction and perception of the contents, devices and aids at his own responsibility and at his own expense. At the request of the business customer, Panomaticsvr will gladly provide further information on compatible hardware products.
4. Duration of contract, termination
i. Short-term licenses are granted for a period of [please specify how long if possible]
ii. Subscriptions are concluded for [please specify how long if possible].
iii. Panomaticsvr is entitled to terminate the contract without due notice, if the business customer with due payment claims after receipt of a reminder for more than 14 days in default or licenses are used without authorisation multiple times or other serious violations of these terms and conditions.
iv. If Panomaticsvr terminates the contract extraordinarily, the business customer is obliged to pay damages.
5. Terms of payment, assignment
i. The prices published by Panomaticsvr on the website at the time of conclusion of the contract plus taxes, in particular the statutory VAT, shall apply provided a net price has been stated on the website. Insofar as the contracting parties have agreed special conditions in individual cases, these shall not apply to simultaneous and future contractual relationships.
ii. The following payment options are available to the business customer on the website:
iii. The remuneration for short-term licenses shall become due immediately upon conclusion of the contract (section D, section 3, paragraph 2)
iv. The remuneration for an annual subscription must be paid in advance to Panomaticsvr. The first part will be due immediately after conclusion of the contract. The following installments are due on the date which according to its number corresponds to the date of the conclusion of the contract. If one such day is missing in the following month, the due date occurs on the last day of the previous billing cycle.
6. Right to access and use.
i. The contents which Panomaticsvr temporarily relinquishes to the business customer or which are handed over to the business customer by third parties in accordance with the agreements existing between the parties in the name and for the account of Panomaticsvr are subject to the copyright and copyright law protected related rights.
ii. The business customer acquires, subject to an express divergent agreement between the contracting parties, a simple, non-exclusive, limited in time to the term and the existence of this contract right to use the content non - exclusively. Of these terms and conditions of the contract. Panomaticsvr is and remains entitled to use the content itself and / or make it available to any number of third parties for other purposes.
iii. The right of use according to Section D, para 6 acquires the business customer with full payment of the due remuneration. For passing on access rights and / or rights of use to third parties or for issuing them of sub-licenses, the customer is not entitled in individual cases, subject to deviating written agreements.
iv. The business customer is not entitled to change, duplicate, save or pass on the contents without the prior express consent of Panomaticsvr or to an extent beyond the scope specified in section D, para. 2 of these terms and conditions stated goes beyond, issue, publish or make publicly accessible. Furthermore, the business customer is prohibited from editing or redesigning the content.
v. The business customer is however entitled to print individual pictures of the
contents of his website in order to hand them over to a consumer for private use as part of a consultation. The use of the contents in advertising measures of the business customer of any kind, must be agreed with Panomaticsvr in advance and must not take place without the express consent of Panomaticsvr
vi. The copyright to the content lies with Panomaticsvr.
7. How to contact us at Panomatics
1/F 120 Connaught Road West,
Central District, Hong Kong