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Website Use and Terms and Conditions for Childfriendly.co.uk
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The Website
The Website is offered to you by Childfriendly.co.uk Ltd., (registered company No. 6019052) whose registered office is at 53b Sheen Lane, London, SW14 8AB. VAT number 931871710. Please note that all correspondence should be sent by email to marketing@childfriendly.co.uk
The following terms and conditions (‘Terms of Use’) contain legally binding terms for your use of www.childfriendly.co.uk including for avoidance of doubt any other domain or sub-domain registered to Childfriendly.co.uk Limited, (referred to collectively as the Website).
Acceptance
By accessing, browsing, crawling, scraping or in any way continuing to use the Website, you consent to the Terms and Conditions and Privacy Policy when you use the Website, without qualification. You may only use the Website if you agree to abide by these terms and conditions, and by all applicable laws. If you disagree with any part of the Terms and Conditions, you may not use the Website in any way.
Amendments to the Terms of Use
We may modify or amend these Terms of Use from time to time. Any modification shall be effective from the moment that the updated terms and conditions are posted on the Website. Should you not accept such modifications you should cease to use the Website immediately. It is incumbent on You to check the Terms of Use when you visit the Website, therefore, Your continued use of the Websiteafter any posted modification to the Terms of Use is deemed as Your acceptance of these Terms of Use.
Definitions
A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Website. The terms "You" and "Your" refer to you, as a User of the Website. The terms "We" and "Us" refer to Childfriendly.co.uk Limited.
"Content" means copy, images, photos, audio, video, and all other forms of data or communication. "Your / User Content" means Content that you submit, post, transmit, or using, the Website, such as the reviews or other information that you display as part of your account profile, to the Website. Your Content does not include the information that you submit in order to create an account profile or to subscribe to our Newsletter on the Website. "Childfriendly Content" means Content that is created by Us and made available on the Website. "Third Party Content" means Content that is made available to Us on the Website by parties other than Childfriendly or the Users. "Website Content" means all of the Content that is made available on the Website, including Your Content, Third Party Content, and Childfriendly Content.
Eligibility
You must be eighteen (18) years of age or older to use this Website. Access to the Website by any person under the age of eighteen (18) is strictly prohibited. By accessing and/or using the Website, you represent and warrant that:
- you are eighteen (18) years of age or older;
- that you are legally capable of entering into binding contracts;
- that your use of the Website does not violate any applicable laws; and
- that you agree to abide by these terms and conditions.
Services
Childfriendly.co.uk is a website providing travel and activity ideas for parents, enabling you to research destinations, develop ideas for holidays, days out and other family related products and services, as well as useful information on travelling with children, writing and publishing reviews. The Website also enables enquiries or bookings to be made directly with suppliers.
Childfriendly.co.uk acts as agent for third party suppliers such as hotels, villa & cottage providers, holiday suppliers, activity providers, and other Suppliers. When you make a booking via the Website, and your preferred travel product or service is available, the contract will be between the Supplier and you. childfriendly.co.uk is not a party to the contractual relationship. The Supplier is responsible for issuing tickets, other travel documents or for providing products and services.
Childfriendly.co.uk does not assume any responsibility for the travel products and services provided by the Travel Supplier and makes no representations or warranties (express or implied) about the suitability or quality of travel products and services featured on the Website. To the extent permissible by law, childfriendly.co.uk assumes no responsibility for information published on this Website and disclaims all liability in respect of such information.
Disclaimers
(a) Website Content
The Website includes links to other websites (each, a "Third Party Website"). Childfriendly does not control or endorse any Third Party Website, and you agree that We are not responsible for the availability or Content of such Third Party Websites. The information contained in this Website is as accurate as possible at the time of publishing though we do rely on the operators and suppliers concerned to confirm that the details given about their holidays and products are correct. These details may be subject to change so must be double-checked before making any booking (check these details directly with the operator/supplier). If you make a booking based on information found on this website, please say you heard about the holiday or activity through Childfriendly.co.uk. Childfriendly.co.uk authors and publishers accept no responsibility for any loss, damage or inconvenience sustained by any person using information given on this Website. In the event of any problems English law applies.
(b) User / Third Party Content
You will be exposed to User Generated Content and Third Party Content on our Website. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We do not endorse User Content or Third Party Content, and cannot vouch for its accuracy. The Website's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
(c) Links From Our Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
(d) Events Beyond Our Reasonable Control
We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause which is beyond our reasonable control.
(e) Reliance On Information Posted
Any material posted on the Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
(f) Website Updates
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Registration and User Accounts
In order to use certain features of the Website you may be required to register to the Website. By registering to the Website you will be required to create a “User Account” and will be asked to provide a Username and Password. You are responsible for maintaining the confidentiality of your account details, including your Username and Password, and you must not disclose it to any Third Party. You will be solely responsible for any activities undertaken on the Website under your Username and for maintaining the security of your account information. You agree to notify Us immediately of any unauthorized use of your User Account. We reserve the right to close your account at any time for any or no reason.
User Accounts are for personal, non-commercial use only, and may only be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating a User Account, we ask that you provide complete and accurate information about yourself, notwithstanding you may choose to provide information that does not make you personally identifiable providing you do not impersonate or steal the identity of someone else, provide a false email address, or create multiple User Accounts.
Should you choose to register to use the Website you confirm that:
- all registration information submitted is truthful and accurate; and
- you will maintain the accuracy of such information and advise us of any changes as and when such changes occur.
We have the right to disable your User Account or withdraw your Registration at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
Termination of User Accounts
We may at any time, in our absolute discretion, suspend, restrict, terminate or deny you access to the Website, remove your User Account as appropriate and remove any reviews, comments or other content that you have posted or otherwise made available on the Website.
Should we terminate your access to the Website, you agree that we shall not be liable to you or to any third party for any termination, suspension or restriction of your use or for any consequences that may arise as a result of such termination, suspension or restriction.
We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach of the terms and conditions has taken place, we may take such action as we reasonably deem appropriate. This shall include, but shall not be limited to:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
This agreement will remain in full force and effect whilst you use the Website. Our rights and all disclaimers, indemnities, warranties and exclusions under these Terms of Use shall continue with full force and effect upon the occurrence of any of the events listed above.
Restrictions on Use
The Website is for personal use only and its use in connection with any commercial endeavours is strictly prohibited. Unlawful and/or unauthorised use of the Website, including the collection of usernames or email addresses of other members of the Website, whether by electronic or other means, is prohibited. Unauthorised commercial adverts, affiliate links, and other forms of solicitation posted on the Website may be removed without notice and may result in termination of this agreement. We reserve the right to take appropriate legal action should we become aware of any illegal or unauthorised use of the Website.
If you submit Content to the Website, you will be required to disclose within Your Content, for the benefit of other Users, the details of any commercial arrangements that you have, or have had, with any third parties whatsoever that either have, or may be perceived to have, contributed towards, influenced or affected Your Content. This will include, but is not restricted to, the provision by any third party of any incentive to you, financial or otherwise, which has influenced Your Content in any way.
We reserve the right to reject, refuse to post, edit or remove any review or other posting by you, or to restrict, suspend, or terminate your access to all or part of the Website at any time without notice.
Responsibility for Content
You are solely responsible for any Content that you post or display on the Website, including but not limited to reviews, comments, photos. You represent and warrant that Your Content:
- is accurate and factual (where it states facts);
- is either your original work or that you are the sole absolute and unencumbered legal and beneficial owner of the intellectual property rights in Your Content;
- does not breach any right of confidentiality of any third party;
- is not defamatory, libelous or obscene or unacceptable for use on the Website;
- is not unlawful and does not contravene any statutory or regulatory provisions; and
- does not infringe the intellectual property rights, privacy rights or any other rights of any third party.
You may not upload, transmit or post on the Website any of Your Content that you did not create or that you do not have permission to post. You understand and accept that we may, in our absolute discretion, review the Website and may delete, edit or remove (without prior notice) any of Your Content for any reason whatsoever. You are responsible at your own expense for creating a back-up copy of any of Your Content that you choose to upload, transmit or post onto the Website.
Permission to Use Your Content
In consideration of us granting you permission to use the Website, you assign to Childfriendly with full title guarantee with the exception of photographs and images,the entire copyright to use Your Content in perpetuity, without limitation for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms “Content Syndication”. If as a result of Content Syndication we receive revenue which has been directly generated from your Content, you shall not be due any compensation, financial or otherwise. In relation to photographs or images which form part of Your Content you agree to grant us a non-exclusive permanent irrevocable royalty free worldwide licence to use those photographs and images.
If you are the sole author of the work you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content. If you are not the sole author you agree to provide us, before Your Content is uploaded onto the Website, with written absolute waivers from all authors of Your Content in relation to all moral rights which subsist in Your Content. In the event that you do not provide us with waivers before uploading Your Content onto the Website we will assume that you are the sole author of Your Content.
In the event that licences in Your Content have been granted to third parties, or that Your Content has previously been published/uploaded onto other websites you agree to provide us with comprehensive details of such licences and/or details of previous publication.
Proprietary Rights over Content
Any and all intellectual property rights in relation to the Website including reviews, comments, images, photos or any Content belong to us and are the proprietary property of Childfriendly with all rights reserved. Our Content may not be copied, altered, distributed, reproduced, downloaded, scraped, transmitted or sold in whole or in part, by any means without our prior written permission.
Editorial Control
Before your Review or other Content is deemed to be acceptable for posting on the Website it will be reviewed by the Website’s editor. Whether or not updated material is posted on the Website is at the editorial board’s discretion. The editorial board’s decision is final and it does not have to provide an explanation for its decision.
We may delete or edit Your Content at any time for any reason including but not limited to where the content is offensive, infringes the rights of any third party, threatens the safety of any person or is otherwise unlawful. We will not be required to give you any reason for deleting or editing such content or to enter into any dialogue with you. Our decision will be final
Warranties
You are solely responsible for Your Content submitted and posted to our Website and for all other material you transmit to us or other Users of our Website. You represent and warrant that you own Your Content posted by you on the Website or have the right to post the content on the Website; You represent and warrant that Your Content does not:
- infringe or violate the privacy rights, publicity rights, intellectual property rights, copyrights, trademarks, patents or any other rights of any person;
- contain any material that is false, intentionally misleading, defamatory, offensive, inflammatory or unlawful including illegal hate speech or pornography;
- exploit or otherwise harm minors;
- deceive any person;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- exploit people in a sexual or violent manner;
- contain images of nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicit personal information;
- provide any telephone numbers, street addresses, post / zip codes, or email addresses or other personal information excluding those relating to a hotel, restaurant, attraction or other commercial enterprise being reviewed on the Website;
- violate or advocate the violation of any law or regulation:
- breach the Official Secrets Act or any other legislation that may be deemed unlawful.
Indemnity
You agree to indemnify and hold Childfriendly, any of our subsidiaries, parents or affiliates, suppliers, licensors and partners, and each of their directors, employees, agents and subcontractors harmless from and against any liability, damage, claim, loss or demand including any associated costs, made by any third party due to or arising out of any breach of these Terms of Use, and in particular associated with the use by you of any of Content to which you have no right of ownership or any breaches of the terms of ownership of Your Content or the breach of any warranties contained in these terms and conditions.
Liability
We assume no responsibility for monitoring the Website for amongst other things, inappropriate or unlawful Content, including but not limited to defamatory Content. The fact that Childfriendly provides a hosted platform where Users can submit and post Content, does not mean that the Content reflects our opinions, views or policies.
Although we will use our best endeavours to ensure that any inappropriate Content is removed from the Website when it is brought to our attention, we expressly exclude liability for the content or any damage you may suffer as a result of the content displayed on the Website which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
§ loss of income or revenue;
§ loss of business;
§ loss of profits or contracts;
§ loss of anticipated savings;
§ loss of data;
§ loss of goodwill;
§ wasted management or office time; and
§ for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Prohibited Activity
We reserve the right to investigate and take appropriate action against anyone who, in our sole and absolute discretion, violates the Terms of Use, including but not limited to reporting that person to the relevant law enforcement and regulatory authorities as we see fit.
Prohibited activity includes, but is not limited to:
- copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, a Registered User to buy or sell any products or services through the Website;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services that support the Website;
- attempting to impersonate another Registered User or accessing the account, Username or Password of another User;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose or creating a profile with a commercial purpose as one of your aims;
- using the Website in a manner which breaches any applicable laws and regulations;
- using the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- knowingly transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms and conditions;
- not to access without authority, interfere with, damage or disrupt:
§ any part of our Website;
§ any equipment or network on which our Website is stored;
§ any software used in the provision of our Website; or
§ any equipment or network or software owned or used by any third party
§ If you become aware of any misuse of the Website by any third party please contact us by sending an email to marketing@childfriendly.co.uk
Copyright Infringement
If you believe that content you own has been used on Childfriendly in a way that violates your copyright or other intellectual property rights, send an email to marketing@childfriendly.co.uk, providing Us with the following information: - an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website
- your address, telephone number, and email address;
- a statement by you (made under penalty of perjury) that you have a good faith belief that the disputed use is not authorised and that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf and have proof of such authorisation and title to such rights.
Linking To Our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you and our Website must not be framed on any other Website.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
Entire Agreement
This agreement represents the entire agreement between us relating to its subject matter, meaning that no other terms expressed or implied apply or govern your contractual relationship with us.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English Courts. |
