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terms & conditions
Any use by you of the website operated by webbooker
Limited, webbooker (the "Site") is conditional upon your acceptance of
these Terms & Conditions, including our Privacy Statement. We reserve
the right to amend these Terms & Conditions from time to time without
notice and at our discretion. It is your responsibility periodically to
review this page for updates to these Terms & Conditions, which shall
come into effect once posted. Your continued use of the Site will be
deemed acceptance of these Terms & Conditions, including our Privacy
Statement. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE
THE SITE NOW.
This Site is made available by webbooker Limited and
its subsidiaries, affiliates, parent companies and any of their related
businesses are referred to in these Terms & Conditions as "we", "us" or
"our".
1. Rights - all rights in all material and content
(including, but not limited to, text, images, web pages, sound, software
(including, code, interface and website structure) and video, and the
look and feel, design and compilation thereof) at this Site are owned by
us or our licensors. You agree that you are permitted to use this
material and/or content only as set out in these Terms & Conditions or
as otherwise expressly authorised in writing by us or our licensors, and
that you may not otherwise copy, reproduce, transmit, publicly perform,
distribute, commercially exploit, adapt, translate, modify, bundle,
merge, share or make available to any person, or create derivative works
of such material or content.
2. Intellectual Property - We are the owner and/or
authorised user of all trade marks, service marks, patents, copyrights,
database rights and all other intellectual property appearing on or
contained within the Site, unless otherwise indicated. Except as
provided in these Terms & Conditions, use of the Site does not grant you
any right, title, interest or license to any such intellectual property
you may access on the Site. Except as provided in these Terms &
Conditions, any use or reproduction of the intellectual property is
prohibited.
3. Copying - You may view this Site and you are
welcome to print hard copies of material on it solely for your lawful,
personal, non-commercial use. All other copying, whether in electronic,
hard copy or other format, is prohibited and may breach intellectual
property laws and other laws world-wide. Furthermore, you are not
entitled to reproduce, transmit, publicly perform, distribute, adapt,
translate, modify, bundle, merge, share or make available to any person,
or create derivative works of such material, or use it for commercial
purposes, without our prior written consent. All other rights are
reserved.
4. Acceptable Usage Policy - This Site may contain
discussion groups, bulletin boards, chat rooms and other interactive
services. We support the free flow of information and ideas over the
Internet but do not actively monitor use of our discussion groups,
bulletin boards or chat rooms. Similarly, we do not exercise editorial
control over the content of any third party sites, electronic mail
transmission, text message, news group, bulletin board, chat room or
other material created or accessible over or through the Site. As a
result, you may be exposed to content on the Site or on sites accessible
over or through the Site that you find offensive or objectionable.
However, we do reserve the right to monitor our discussion groups,
bulletin boards, chat rooms and other interactive portions of the Site
and to remove any content which, in our sole discretion, constitutes a
misuse of these interactive services and may restrict, suspend or
terminate your use of these services or the Site where we believe that
there has been such a misuse.
The following examples constitute a misuse of the
interactive services:
(a) using the services for any improper, unlawful or
immoral purpose, causing any nuisance by your use of the services or
causing the operation of the services to be jeopardised or impaired;
(b) using the services to create, host or transmit
(whether in a live chat room, on a bulletin board or otherwise) any
defamatory, offensive, or obscene material or engaging in activities
which would cause offence to others on grounds of race, religion, creed
or sex;
(c) using the services to harm, or attempt to harm,
minors in any way;
(d) using the services to create, host or transmit
any material that threatens or encourages bodily harm or the destruction
of property or would constitute a criminal offence or give rise to civil
liability;
(e) using the services to create, host or transmit
material which infringes the copyright, trademark, patent, trade secret
or other intellectual property or proprietary rights of any other party;
(f) using the services to create, host or transmit
unsolicited advertising material to other users;
(g) using the services to create, host or transmit
any material that harasses another; using the services to make
fraudulent offers to sell or buy products, items or services;
(h) adding, removing or modifying identifying network
header information in an effort to deceive or mislead;
(i) using the services to access, or to attempt to
access, the accounts of others or to penetrate, or attempt to penetrate,
our or a third party's security measures, computer software, hardware,
electronic communication system, or telecommunications systems;
(j) using the services to collect, or attempt to
collect, personal information about third parties without their
knowledge or consent or to engage in screen scraping, database scraping
or any other activity with the purpose of obtaining lists of users or
other data;
(k) using the services for any activity which
adversely affects the ability of other people or systems to use the
services or the Internet generally;
(l) reselling, repurposing or redistributing any
services provided by us our contractors or our licensees without our
prior written consent; or impersonating any person or entity or using a
false name that you are not authorised to use.
This list only serves to provide examples and is not
meant to be an exclusive list of the type of misuses of the interactive
services that may result in the restriction, suspension or termination
of your access to the Site. Due to the global nature of the Internet,
users hereby agree to comply with all local rules regarding on-line
conduct and acceptable content. Users also agree to comply with any
applicable rules regarding the export of any data from any country.
The opinions expressed in live chat rooms and/or
posted on bulletin boards or on other interactive services are not
necessarily ours. Any statements, advice and opinions made by such
participants are those of such participants only. We neither endorse nor
shall be held responsible for any such statements, advice or opinions.
5. NO WARRANTIES - THIS SITE IS PROVIDED "AS IS," AND
YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED
BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE
WILL BE FREE FROM VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE
THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE
MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY
INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL
BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH
THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
6.THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH
FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR
SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
7. Your responsibility - You should always verify the
information set out in this Site with independent authorities before
acting or relying on it. It is your responsibility to use virus checking
software on any material downloaded from this Site and to ensure the
compatibility of such software with your equipment.
In circumstances where you provide us with
information relating to any third parties, you warrant that you have
received that third party's consent in relation to such disclosure and
that the third party has been informed of, and agrees to, our Privacy
Statement and the uses which we may make of such information.
8. NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY
LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY
DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT,
CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF
THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR
OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE
ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY
INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF
ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND
CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN
THE AGGREGATE, £100.00 (UK).
9. Materials submitted by you - Unless specifically
requested, we do not solicit nor do we wish to receive any confidential,
secret or proprietary information or other material from you through the
Site, any of its services, by email, or in any other way. Any
information or material submitted by you, and which has not been
specifically requested by us, will be deemed not to be confidential,
secret or proprietary. You agree that any information or materials
submitted by you to this Site, whether ideas, creative concepts or other
materials, may be used, reproduced and disclosed by us without
restriction for whatever purpose we deem fit and without payment of any
sum or acknowledgement of you as their source. You also warrant that any
"moral rights" in posted materials have been irrevocably waived by the
appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE
SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US
TO THE EXTENT PERMITTED BY LAW. This paragraph 8 does not affect any
rights you may have under data privacy laws that protect your personal
information or similar privacy laws, to the extent that such rights
cannot be excluded..
10. User Information - In the course of your use of
the Site, you may be asked to provide personal information to us (such
information referred to hereinafter as "User Information"). Our
information collection and use policies with respect to such User
Information are set forth in the Site Privacy Policy, which Privacy
Policy is incorporated into these Terms & Conditions by reference. You
acknowledge and agree that you are solely responsible for the accuracy
and content of the User Information.
11. Links from and to the Site - You acknowledge and
agree that we have no responsibility for the information provided by Web
sites to which you may link from this Site ("Linked Sites"). Links to
Linked Sites do not constitute an endorsement by or association with us
of such sites or the content, products, advertising or other materials
presented on such sites. We have no control over these Linked Sites and
do not edit or monitor them. You acknowledge and agree that we are not
responsible or liable, directly or indirectly, for any damage, loss or
cost caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on such Linked
Sites.
12. Indemnity - You will indemnify us against any
loss, damage or cost incurred by us arising out of your use of the Site,
any of its services or any information accessible over or through the
Site, including information obtained from linked sites, your submission
or transmission of information or material on or through the Site or
your violation of these Terms & Conditions or any other laws,
regulations and rules. You will also indemnify against any claims that
information or material which you have submitted to us is in violation
of any law or in breach of any third party rights (including, but not
limited to, claims in respect of defamation, invasion of privacy, breach
of confidence, infringement of copyright or infringement of any other
intellectual property right). We reserve the right to exclusively defend
and control any claims arising from the above and any such
indemnification matters and that you will fully cooperate with us in any
such defences.
13. Restriction, Suspension and Termination - We may
restrict, suspend or terminate your access to the Site and/or your
ability to avail of any of the services on the Site, including
interactive services, if we believe that you have breached these Terms &
Conditions at any time. Any such restriction, suspension or termination
will be without prejudice to any rights which we may have against you in
respect of your breach of these Terms & Conditions. We may also remove
the Site as a whole or any sections or features of the Site at any time.
Please note that we have the ability to trace your IP address and if
necessary contact your ISP in the event of a suspected breach of these
Terms & Conditions.
14. Entire Agreement - These Terms & Conditions,
including our Privacy Policy, constitutes the entire agreement between
you and us in relation to its subject matter and supersedes any and all
prior promises, representations, agreements, statements and
understandings whatsoever between us. To the extent that software is
available through the Site, such software may be subject to a license
agreement that is distributed or included with such software and you
agree to abide by the terms and conditions of any such license
agreements. The failure by us to exercise or enforce any right or
provision of the Terms & Conditions shall not constitute a waiver of
such right or provision. If any provision of the Terms & Conditions is
found by a court of competent jurisdiction to be unenforceable or
invalid, the parties nevertheless agree that the court should endeavour
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms & Conditions shall remain in full
force and effect.
15. Law and Jurisdiction - These Terms & Conditions,
including the Privacy Policy and any matter relating to this Site, shall
be governed by English law. To the extent that software is accessible
through this site, such software may be subject to export, re-export
and/or import controls imposed by the United States or any other
jurisdiction and may not be downloaded or otherwise exported or
re-exported: (a) into (or to a national or resident of ) any country to
which the U.S. has placed an embargo, including without limitation,
Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to
anyone on the U.S. Treasury Department's Specially Designated Nationals
list, or (c) in violation of the U.S. Commerce Department's Table of
Denial Orders. If you download or use the software, you represent and
warrant that you are not located in, or under the control of, or a
national or one any such country or on any such list.
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