Terms and Conditions
TERMS AND CONDITIONS
Effective Date: 01.12.2017.
1.1 This website is owned and operated by Access Tourism Ltd. Our company information is at the end of this document.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
1.3 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Advertisers. In the event of any conflict, the Addendum takes priority.
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) “Advertiser” – a User (e.g. Charity, Hotel, Tour Operator) who subscribes for a Listing on our Service.
b) “Consumer” – a natural person acting outside his or her trade, business or profession.
c) “Listings” -a business listing on our Service;
d) “Content” – all information of whatever kind (including Listings, images, photos, audio, videos and messages), published, stored or sent on or in connection with our Service.
e) “Service” –our website, the services we offer by means of our website and any related software and services.
f) “User” – a person who uses our Service (whether or not registered with us) including Advertisers.
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4. Use of our Service
4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.
4.2 You are not eligible for, and must not use or register on, our Service if display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country).
4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
4.4 You agree that you will not in connection with the Service:
a) breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which is unlawful, threatening, harassing, invasive of privacy, defamatory, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, abusive or deceptive or which involves phishing or scamming or which we otherwise consider to be inappropriate;
c) publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
d) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
e) sell access to the Service;
f) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
g) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
h) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
i) do anything which may negatively affect other Users’ enjoyment of the Service;
j) gain unauthorised access to any part of the Service or equipment used to provide the Service;
k) use any automated means to interact with our systems excluding public search engines; or
l) attempt, encourage or assist any of the above.
4.5 You must comply with any guidelines or requirements on our website.
4.6 You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.7 We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
5.1 We do not verify Listings. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You must take appropriate professional or other advice. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Listing or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Listing or related enquiry.
5.2 If you respond to any Listing by booking or purchasing, please note that any consequent contract or other transaction is between you and the Advertiser concerned. We may provide tools to facilitate a transaction but we are not a party to that contract. You acknowledge that any legal recourse in connection with such transactions is against the Advertiser and not us. Please direct any queries or complaints to the Advertiser.
5.3 You acknowledge that we only pass your enquiry to Advertisers who subscribe with us.
6. Third party websites / services
6.1 We may link to third party websites which may be of interest to you and/or make available third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sitesor services. You use such third party sites or services at your own risk.
7. Guidance on our site
7.1 Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.
8.1 Your account (if any) on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Functioning of our Service
9.1 We do not guarantee that the Service will be uninterrupted or error-free.
9.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable by both parties;
c) such loss or damage is caused by you, for example by not complying with this agreement;or
d) such loss or damage relates to a business.
10.4 Very important: If you are a Consumer,you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
10.5 The following clauses apply only if you arenot a Consumer:
a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
b) Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to £100 orthe total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
c) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
ii) loss of goodwill or reputation;
iii) special, indirect or consequential losses; or
iv) damage to or loss of data
(even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11. Intellectual property rights
11.1 All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our Advertisers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
11.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.
11.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
11.4 If you publish any Content on our Service (including retention of any information in a Listing after the date you subscribe), you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted.You also grant each User a licence to use your Content in accordance with these terms and conditions.
12.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
13. “Act of God”
13.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
14.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
15. English law
15.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
16.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
17.1 If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.
18. Company information
18.1 Company name: Access Tourism Ltd.
18.2 Country of registered office address: England
18.3 Registered office and trading address: Unit 6c Scylla Industrial Estates Winnall Valley Road, Winchester, United Kingdom, SO23 0LD
18.4 Other contact information: See our website.
ADDENDUM APPLICABLE ONLY TO ADVERTISERS (HOTELS, ACCOMMODATION PROVIDERS, TOUR OPERATORS, HOSTS & COMMUNITIES)
19. Your Content
19.1 You are responsible for your Content.
19.2 You must ensure that your Content (including Content supplied to us and Content displayed on our Service) is accurate and not misleading and you will update it so that it remains so.
19.3 If you post a Review, you also promise that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the Review and that the Review is your independent, honest, genuine opinion.
19.4 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
19.5 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
19.6 We reserve the right without notice to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for sixmonths.
20. Your Listing
20.1 You are responsible for your Listing including the information in the Listing as at the date you subscribe (which will have been placed by us) as well as changes or new information which you make or add to the Listing.
20.2 We reserve the right in our discretion without notice to edit the text or layout of Listings or to locate or relocate Listings on our Service in order to ensure that your Listingcomplies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
20.3 You must ensure that your Listing is and remains accurate and up to date, not misleading, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your Listing must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or otherwise inappropriate.
20.4 You agree that, in connection with the supply of goods and/or services which are the subject of the Listing, you will act in accordance with highest standards reasonably to be expected in the relevant industryand in accordance with all applicable laws, regulations and codes of conduct.
20.5 You may only use any contact information supplied by Users in response to Listingsstrictly in accordance with applicable data protection and other laws.
20.6 We do not guarantee that your Listing will generate any particular level of revenues or suitable enquiries.
20.7 We reserve the right to irretrievably delete your Listing following expiration of your subscription or on termination or cancellation of this agreement.
20.8 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behavior if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
20.9 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
20.10 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
20.11 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
21. Payment for Listings
21.1 Details of enquirers are passed only to subscribers. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
21.2 Prices exclude VAT or other sales tax unless otherwise stated.
21.3 You are legally committed to pay for your subscription once we confirm your order.
21.4 We may at any time change our subscription prices. The new rate takes effect if you apply for or renew a subscription after we post the new prices on our Service.
21.5 You must contact us immediately with full details if you dispute any payment.
21.6 If any amount due to us is unpaid or unjustifiably charged back, we may:
a) charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998;
b) suspend our Service and/or suspend or remove any or all of your Listings; and/or
c) cancel this agreement on written notice (including email).
22. Suspension / cancellation
22.1 You may at any time cancel this agreement (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
22.2 We are entitled at any time to cancel this agreement by email notice without cause. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
22.3 We are entitled at any time cancel this agreement by email notice without refund if we terminate our Service as a whole.
22.4 We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. In such case, there will be no refund of your subscription.
22.5 Following cancellation of this agreement: Your right to use our Service is terminated.Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
22.6 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.