Version number: [01]
Effective date: [11/12/2019]
- Introduction
- We are Holiday Scanner Ltd. Our company information is at the end of this document.
- Some definitions
- Here are some definitions which are used in this document (all capitalised):
- “Advertisements” – all promotions on our Service of any kind such as listings, banners and sponsorships etc.
- “Advertiser” – a person who places an Advertisement on our Service.
- “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Content” – all information of whatever kind (including Advertisements, posts, comments, blogs, chat, images, photos, audio, video) uploaded to our Service (including messages sent via our Service).
- “Service” – our website, the services we offer by means of our website and any related software and services.
- “User” – persons or organisations using our Service (whether or not registered with us) including Advertisers.
- Here are some definitions which are used in this document (all capitalised):
- What this is all about – introduction to our terms and conditions
- These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
- Changing our terms and conditions
- We may change these terms and conditions by posting the new version on our website]. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown.
- Who can use our Service?
- You must not use our Service if you are below 14 years of age.
- Acceptable use of our Service
- You undertake not to do any of the following in connection with the Service:
- breach any applicable law, regulation or code of conduct;
- use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
- use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
- do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
- do anything which may negatively affect other Users’ enjoyment of the Service;
- gain unauthorised access to any part of the Service or equipment used to provide the Service;
- use any automated means to interact with our systems excluding public search engines; or
- attempt, encourage or assist any of the above.
- You undertake not to do any of the following in connection with the Service:
- Advertisements
- We do not verify Advertisements. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or related enquiry.
- If you respond to any Advertisement, please note that any resulting transaction is between you and the Advertiser concerned. 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.
- If we express opinions about other companies or their services, these will of course be our honest views. However, you should be aware that we are paid compensation by the companies featured on the site. This may affect which companies we feature and how we rank them. If you deal with those companies, you do so at your own risk.
- Guidance
- If we ourselves provide any guidance or other general information on our Service, we do not 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. You rely on such information at your own risk.
- Your account
- Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to 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).
- and to install them as soon as they become available.
- Functioning of our Service
- We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
- Liability – restrictions on our legal responsibility (IMPORTANT)
- Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
- 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:
- there is no breach of a legal duty owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
- 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).
- The following clauses apply only if you are not a Consumer:
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
- In no event (including our own negligence) will we be liable for any:
(even if we have been advised of the possibility of such losses).
- 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.
- 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.
- 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.
- Intellectual property rights (e.g. copyright)
- The intellectual property rights in all material used on or in connection with our Service are owned by us or by our Advertisers. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
- Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
- Privacy
- You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
- Events outside our control
- 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.
- Transfer
- 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.
- English law
- This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
- General but important stuff
- We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). 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” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce 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.
- Complaints
- If you have any complaints, please contact us via the contact details shown below.
- Company information
- Company name: Holiday Scanner Ltd
- Trading name: “Holiday Scanner”
- Country of incorporation: England and Wales.
- Registered number: 12062177
- Registered office: 20-22 Wenlock Road, London N1 7GU.
- Contact email address: info@holidayscanner.co.uk
- Other contact information: See our website.