Terms Of Use
Please read these terms and conditions (“the Terms”) carefully. By entering this Website, you are deemed to have accepted our conditions as set out in the Terms, including the disclaimers, which are set out in paragraph 4 below.
1. Introduction
1.1 This website, www.disabilityholidaysguide.com is based at Unit 8, Victoria Way, Newmarket, Suffolk, CB8 7SH.
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.
2. Use of the Website and Prohibitions
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 or our part. You further accept that such changes may result in you 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 including, using or accessing the site in a way that might endanger any computer system or network, including making available any virus (for which purpose “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function).
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 prior written permission.
2.4 You agree not to reproduce any portion of the site on another website or otherwise, using any device, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site.
2.5 You agree not to monitor content on the site by means of robots, spiders, or other automatic instruments (does not apply to search engines).
2.6 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.
2.7 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, sub-licensable 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 to us. By submitting your contribution to this Website, you warrant that such contribution is:
(a) your own and you own the copyright of photographic and textual material and have the right to make it available to us for all the purposes specified above;
(b) not defamatory; and
(c) does not infringe any law or breach any advertising standards set by the Advertising Standards Authority (as of 1st March 2011)
2.8 You agree not to post or transmit information that is in any way false, fraudulent, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability
2.9 You agree not to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, or pornographic or profane material
2.10 You must not refer to Disability Holidays Guide in any way that might lead someone to believe that the holidaymaker or any website is sponsored by, affiliated with, or endorsed by us or any of our Affiliates.
2.11 The material used and displayed on the Website including without limitation any text, graphics, logos, trademarks and service marks are protected by copyrights, trademark and other laws. Visitors to the Website are prohibited to modify, reproduce, retransmit, distribute, disseminate, sell, publish or circulate any such material without prior written consent of Disability Holidays Guide.
3. Indemnification
3.1 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 [2.7]. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication of the Website and the other purposes specified above.
4. Disclaimers
4.1 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 extend local laws are applicable.
4.2 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 on 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 appologise for any inconvenience which this might cause. You acknowledge that you are responsible for inputting the correct information requested of you.
4.3 Given the unpredictability 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 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.
4.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonable to have know of or have been advised of the possibility of the same), whatsoever 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 material contained in it, or as a result of withdrawing and/or screening edition or removing any material or content on the Website or otherwise, except that which is unlawful to exclude.
4.5 Notwithstanding the generality of Clause [4.4] 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 date or in respect of other equipment or property whether or not the same be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings or otherwise.
4.6 We do not exclude liability for death or personal injury arising as a result of the negligence of us, our employees, agents or authorized representatives.
4.7 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:
(a) any improper use by you of the Website;
(b) any breach by you of any of these Terms or any relevant legislation or regulations; and
(c) any claim brought against us as a result of or in connection with your actions or omissions.
4.8 The colours we use, as well as the display and colour capabilities of your particular monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee they you monitor’s display of any colour, texture, or detail of graphics or visual elements of the Website will be accurate.
5. Intellectual Property
5.1 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.
5.2 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.
5.3 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 the materials on this Website without prior written consent is strictly prohibited.
6. 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 contained 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 a third party websites, or the content of such third party websites.
7. Our Services
7.1 This Website is a place where visitors can view advertising of, and obtain information about holiday opportunities and travel solutions designed for disabled people, those with pre-existing medical conditions and their carers, We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered by a third party whose contact details will appear alongside the item on the Website (‘the Advertiser”) and are subject to availability.
7.2 You acknowledge that we (the Publisher) are not responsible for verifying the identity, or for the behavior, of Advertisers/ Owners or for establishing the nature, condition or existence of a Property, Restaurant, Café, Attraction or any other type of venue.
7.3 We shall use commercially reasonable efforts to ensure that depictions on the Website of the photos that have been submitted to us are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual monitor screen settings.
7.4 You acknowledge that Advertisers, not us (the Publisher) are responsible for the accuracy when detailing disabled facilities and accessible services and with which the photos depict the relevant property, venue, services or products.
7.5 We offer an email enquiry messaging system, which you may use to make direct contact with an Advertiser. You agree to only use this messaging service for genuine booking enquiries. It is prohibited to misuse the Advertisers messaging system, such as by sending unsolicited commercial communications (spam). Completed enquiry forms will be forwarded to the email provided by the Advertiser of the relevant company or property. You acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or ready messages. We are not liable for any such misuse.
7.6 If you order an Advertiser’s goods or services through this Website, you do so on the terms and conditions of that Advertiser. Please ensure you read such terms and conditions.
7.7 We do not, and will not become, party to any contractual relationship between you and any of the Advertisers featured on this Website. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Advertiser (as applicable). We are not obliged to mediate between the parties or enforce or execute fulfillment of any contract.
7.8 You acknowledge that your failure to fulfill your obligations under the Advertiser’s terms and conditions may be legally actionable by the Advertiser.
8. Force Majeure
8.1 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.
8.2 Examples of those circumstances include act of God, accident, explosion, fire, transport, delays, strikes and other industrial disputes.
9. General
9.1 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.
9.2 English law is applicable to any contract made under the Terms. The English courts have exclusive jurisdiction.
9.3 If you are more that one person, each of you has joint and several obligations under the Terms.
9.4 If any of the Terms are unenforceable as drafted;
(a) it will not affect the enforceability of any other of these terms;
(b) if it would be enforceable if amended, it will be treated as so amended.
9.5 Any notice which is to be served under the Terms may be serviced:
(a) by you by leaving it at or by delivery it (recorded post) to our registered office; and
(b) by us by leaving it at or by delivering it (by recorded post) to the last address you have given us.
* All such notices must be signed.
9.6 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.
9.7 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.
10. Notifications
10.1 Any queries or comments about the Website, complaints, or objection to us making use of your personal data in the ways detailed in our ‘Privacy Policy’ should be directed to “The Directors” at admin@disabilityholidaysguide.com