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terms and conditions
Introduction
1.1 This website
"Self Catering in Warwickshire" ("the Website") is owned and
operated
by Warwickshire Tourist Guide Limited ("we", "us", "WTG"), a limited
company
registered in England and Wales (number 6106853) whose registered
office is at 4 Waggoners Close, Bubbenhall, Warwickshire CV8 3JE.
1.2
From time to time, we may modify these Terms. Accordingly, please
continue to review these Terms whenever accessing or using the Website.
If at any time you do not agree or consent to the Terms, you may not
use the Website. Please print off and retain the Terms for your records.
Use of the Website
2.1
We reserve the right at any time to remove, screen or edit any
materials or content on the Website at our sole discretion without
prior notice and without there being any liability on our part. You
further accept that such changes may result in your being unable to
access the Website or part of it. We may have to suspend the Website
from time to time to carry out maintenance and to make upgrades.
2.2 You agree not
to do or cause to be done anything which might interfere with the
proper working of the Website.
2.3
You undertake not to copy, store in any medium (including in any other
website), distribute, transmit, re-transmit, broadcast, modify, or show
in public any part of the Website (save for these Terms) without our
prior written permission.
2.4 You agree to
use the Website only
for lawful purposes, and in a manner that does not infringe the rights
of, or restrict or inhibit the use and enjoyment of this site by any
third party.
2.5 If we invite
you to submit any contribution to
the Website (including without limitation any text, graphics, video or
audio) you acknowledge that, save as otherwise agreed, by making such a
submission, you grant us a perpetual, royalty-free, non-exclusive,
sublicenseable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
play, and exercise all copyright and publicity rights with respect to
any such work worldwide and/or to incorporate it in other works in any
media now known or later developed for the full term of any rights that
may exist in such content. If you do not wish to grant us such rights
you must not submit your contribution us. By submitting your
contribution to this Website, you warrant that such contribution is:
2.5.1 your own
original work and that you have the right to make it available to us
for all the purposes specified above;
2.5.2 not
defamatory; and
2.5.3 does not
infringe any law.
2.6
You agree to indemnify us against all legal fees, damages and other
expenses that may be incurred by us as a result of your breach of the
warranties in clause 2.5. You agree to waive any moral rights in your
contribution for the purposes of its submission to and publication on
the Website and the other purposes specified above.
2.7
Advertisers Only - If we provide you with a confidential username
and password to enable you to access parts of the Website, you must
maintain the confidentiality of your username and password and must
reveal them to no one. You must immediately notify us if you know or
suspect that your username and/or password have been disclosed to any
other person.
Disclaimers
3.1 Unless
otherwise
specified, the materials on this Website are directed solely at those
who access this Website from the United Kingdom mainland. We make no
representation that anything referred to in the materials on this
Website is appropriate for use, or available, in other locations. Those
who choose to access this site from locations other than the United
Kingdom mainland are responsible for compliance with local laws if and
to the extent local laws are applicable.
3.2 Although we
make
every effort to ensure the details on this Website are correct, please
note we give no guarantee as to, and have no liability in relation to,
the currency, usefulness or accuracy of any of the content of this
Website. There may be occasions when some of the information featured
on the Website may contain incomplete or misleading data, typographical
errors, or other inaccuracies. Any errors are wholly unintentional and
we apologise for any inconvenience which this might cause. You
acknowledge that you are responsible for inputting the correct
information requested of you.
3.3 Given the
unpredictabilities
of technology, we do not warrant (either expressly or impliedly) that
the Website will meet your data processing requirements, that the
function, operation or accessibility of the Website will be
uninterrupted or error-free, that defects will be corrected, or that
the Website will be free of viruses or other harmful elements. As a
condition of becoming a user of the Website, you agree that your access
is undertaken at your own risk and in accordance with the terms of use
of the Website applicable from time to time. We shall not be liable for
damages of any kind and howsoever arising, (including but not limited
to damage caused by viruses, worms or trojan horses) related to your
use of, or inability to access or properly use, any part of the Website.
3.4
We shall not be liable to you or to any person for any loss or damage
(whether or not we ought reasonably to have known of or had been
advised of the possibility of the same), whatsoever or howsoever caused
(including negligence) except as provided in clause 3.6 below, arising
directly or indirectly in connection with these Terms, the use of the
Website or any of the materials contained in it, or as a result of
withdrawing and/or screening editing or removing any materials or
content on the Website or otherwise, except that which is unlawful to
exclude.
3.5
Notwithstanding the generality of clause 3.4 above,
we expressly exclude liability for direct, indirect or consequential
loss or damage including but not limited to loss or damage in respect
of the Website, its use, the lack of availability of the Website or any
part of it or its content, loss of or damage to data or in respect of
other equipment or property whether or not the same may be in our care,
custody or control, for loss of profit, business, revenue, goodwill or
anticipated savings, or otherwise.
3.6 We do not
exclude
liability for death or personal injury arising as a result of the
negligence of us, our employees, agents or authorised representatives.
3.7
You shall indemnify us in respect of all costs (including legal costs
on a full indemnity basis), losses expenses and claims in respect of or
in connection with:
3.7.1 any
improper use by you of the Website;
3.7.2 any breach
by you of any of these Terms or any relevant legislation or
regulations; and
3.7.3 any claim
brought against us as a result of or in connection with your actions or
omissions.
3.8
The colours we use, as well as the display and colour capabilities of
your particular computer monitor, will greatly affect what you actually
see on the screen. We cannot be held responsible for the limitations of
technology and cannot guarantee that your monitor’s display
of any
colour, texture, or detail of graphics or visual elements of the
Website will be accurate.
Intellectual Property
4.1
All brand names, product and service names and copyright used in this
Website (“the Marks”) are Marks of their respective
holders. All
goodwill associated with the Marks or with our trade names or marks
shall inure solely to the benefit of their respective holders or with
us, and you shall not assert any claim or ownership to the Marks or to
the goodwill or reputation thereof.
4.2 No permission
is given
by us for the use of the Marks or our trade names or marks by any
person other than such holders and such use may constitute an
infringement of the holder’s rights.
4.3 All designs
and content
featured on this Website, including navigational buttons and images,
artwork, graphics, photography, text and the like are the copyright of
us or our licensors and any use of materials on this Website without
our prior written consent is strictly prohibited.4.4 Everything
on this site, including without limitation all text,
graphics, downloadable files, information, software and other
materials, collectively, the "Content", is copyrighted. Unless
otherwise noted, it may not be used without the written permission of
Warwickshire Tourist Guide Limited (WTG).
4.4.1 This means
that you may not: "distribute" any of the Content to others without the
express written permission of WTG; "mirror" or "include" any
of the
Content on your own server or documents without the written permission
of WTG; "modify" or "reuse" any of the Content on this site.
4.4.2 You
may: print copies of the Content for your own personal use; store the
files containing the Content on your own computer for your personal use
only; and reference hypertext documents on this server from your own
documents.
4.4.3 WTG neither warrants nor represents that your use
of Content displayed or downloaded from this site will not infringe
rights of third parties not owned by or affiliated with WTG.
4.5 Any rights
not expressly granted herein are reserved.
Privacy
Policy
5.1
We are registered as a data controller with the office of the Data
Protection Commissioner. Our DPA number is Z9871445. Details of our
registration can be found at the Data Protection
Commissioner’s Website.
Hyperlinks
6.1
Certain hypertext links in this Website will lead to websites which are
not under our control. When you activate any of these, you will leave
our Website. We have no control over the material on any of these
linked websites.
6.2 The inclusion
of hyperlinks cannot be taken
to imply any endorsement or validation by us of the content of the
linked website referred to. Hyperlinks can become out-of-date and cease
to work or they can direct users to a website page whose contents or
use have been changed by its owner. We accept no responsibility or
liabilities for any losses or penalties that may be incurred or for the
accuracy of hyperlinks to third party websites, or the content of such
third party websites.
Our services
7.1 This Website
is
a guide to bed and breeakfast and guest accommodation in Warwickshire,
including small hotels, bed
&
breakfasts, farmhouses,
guest
houses and inns. We do not buy or
sell goods. Any goods
or services advertised for sale on the Website are offered for sale by
the third party whose name and address appears alongside the item on
the Website (“the Seller”) and are subject to
availability.
7.2
If you order a Seller’s goods or services through this
Website, you do
so on the terms and conditions of that Seller. Please ensure you read
such terms and conditions.
7.3 We are not
involved in the actual
transaction between you and the Seller and the enforcement of any
contractual obligations arising out of the completion of a transaction
is the responsibility of you and the Seller (as applicable). We are not
obliged to mediate between parties or enforce or execute fulfilment of
any contract.
7.4 You
acknowledge that your failure to fulfil
your obligations under the Seller’s terms and conditions may
be legally
actionable by the Seller.
Charges And Payment (Advertisers Only)
8.
We shall issue an invoice in respect of our charges on receipt by email
or fax or post of your signed confirmation form and payment in full,
and you shall pay to us the
charges set out in the confirmation form on receipt. In the event
of your cancellation of the Services we shall at our discretion refund
30% of our charges, but we shall be entitled to retain/invoice 70% of
our charges.
8.1 All charges
are exclusive of VAT. Rates of tax and duties on the Services will be
those applying at the time of payment.
8.2 All our
quotations lapse after 30 days (unless otherwise stated) if we do not
withdraw them earlier.
8.3
If you fail to pay any amount payable by you under these terms, we
shall be entitled but not obliged to charge you interest on the overdue
amount, payable by you forthwith on demand, from the due date up to the
date of actual payment, after as well as before judgment, at the rate
of 2% a year above the base rate for the time being of Barclays Bank
plc. Such interest shall accrue on a daily basis and be compounded
quarterly. We reserve the right to claim interest under the Late
Payment of Commercial Debts (Interest) Act 1998.
8.4 You do not
have the right to withhold any retention money or to set off any money
you may claim from us against anything you may owe us.
Force majeure
9.1
If we are unable to perform our obligations to you (or able to perform
them only at unreasonable cost) because of circumstances beyond our
control, we may then cancel or suspend any of our obligations to you,
without liability.
9.2 Examples of
those circumstances include
act of God, accident, explosion, fire, transport delays, strikes and
other industrial disputes.
No
Liabilities or Warranties
10.1 Your use of
and browsing in this site are at your own risk. Neither WTG, any of
its agencies, nor any other party involved in creating, producing, or
delivering this site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your access
to, or use of, this site.
10.2 Without
limiting the foregoing, everything on this site is provided to
you "As
Is" without warranty of any kind, either expressed or implied,
including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
WTG does not warrant that the functions contained in the materials on
the site will be uninterrupted or error-free, that defects will be
corrected, or that this site or the server that makes it available are
free or viruses or other harmful components. WTG shall have no
liability whatsoever for interruptions on this site, inaccuracies of
information or defects on this site regardless of the loss you incur
thereby.
10.3
WTG also assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, you computer
equipment or other property on account of your access to, use of, or
browsing in this site or your downloading of any Content from this
site.
10.4 The
content of these paragraphs and their disclaimers
and exclusions shall apply to the maximum extent permissible by
applicable laws.
10.5 Your use
of this website and downloads from
it together with these terms of use, shall be governed by the laws of
England. The English courts shall have exclusive jurisdiction over any
dispute arising out of your use of this website.
10.6 If you use
the links in this website to access other websites, please be aware
that the linked sites are not under the control of WTG and WTG is not
responsible for and does not endorse their contents.
General
11.1 No waiver by
us of any breach of the Terms by you shall be considered as a waiver of
any subsequent breach of the same or any other provision.
11.2 English law
is applicable to any contract made under the Terms. The English courts
have exclusive jurisdiction.
11.3 If you are
more than one person, each of you has joint and several obligations
under the Terms.
11.4 If any of
the Terms are unenforceable as drafted:
11.4.1 it will
not affect the enforceability of any other of these terms; and
11.4.2 if it
would be enforceable if amended, it will be treated as so amended.
11.5 Any notice which is to be
served under the Terms may be served:
11.5.1 by you by
leaving it at or by delivering it (by first class post) to our
registered office; and
11.5.2 by us by
leaving it at or by delivering it (by first class post) to the last
address you have given us.
All such notices must be signed.
11.6
No contract will create any right enforceable (by virtue of the
Contracts (Rights of Third Parties) Act 1999) by any person who is not
as party to these Terms.
11.7 Nothing in
these Terms shall
create, or be deemed to create, a partnership, a joint venture, a
relationship of principal and agent or a relationship of employer and
employee between the parties.
11.8 Any queries
or comments about
the Website, complaints, or objection to us making use of your personal
data in the ways detailed above, should be directed to Managing
Director at support@warwickshiretouristguide.com .
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