Terms & Conditions of Use
1. About these Terms & Conditions
Holiday Truths Limited, also referred to below as the "Holiday Truths ", operate the holidaytruths.co.uk web site (the "Web Site"), which is intended as a tool to help users plan their holidays and also ensure users leave an unbiased review of their holiday.
USERS are those persons who visit the Web Site and/or access its contents and/or read or make postings on the Web Site. Users who register by providing personal details ("Registered Users") will be given usernames and passwords and only Registered Users will be permitted to make postings to the Web Site leaving reviews and also posting on our forum.
These terms govern the use made by you the Web Site user, whether or not as a Registered User. By making use of the Web Site you indicate your acceptance of and enter into an agreement to be legally bound by the terms that we provide and these terms shall take effect the first point at which you visit our Website. You must take the time to read and understand the terms and conditions. If you do not agree to be legally bound by all the following terms please do not access or use our Web Site. If you do wish to register as a user to this Website, during that registration process you must accept those terms and conditions before being able to complete our registration process.
We reserve the right to change these terms from time to time and when we deem necessary and if there is any statutory requirement to do the same. In the situation where amendments to our terms and conditions have been made, we will publish those on the website and make it known the time at which the revision took place and what those revisions were. It is your responsibility to review the Terms and Conditions of Use regularly. You will be deemed to have accepted a variation if you continue to use the Web Site after changes in the terms have been posted and your continued use of the Web Site constitutes your acceptance of any and all changes to the terms published prior to each and every use made by you.
2. Other applicable terms
3. Limitation of Use
Except as may be provided for below, you warrant and represent that you will not copy, publish, broadcast, display, distribute, transmit or otherwise disseminate, reproduce, license, transfer, assign or sell any material, data, software, programs or services or edit or otherwise interfere with any software or programs contained in or obtained from or through your use of the Web Site.
If you are in the process of registering or you are a Registered User, you warrant and represent that you will not disclose your password to any other person or permit any other person to make any use whatsoever of any facilities made available to you by the Holiday Truths.
When you register, you provide us with your contact details. You represent and warrant that any and all information about yourself that you supply to us or that you supply to any other party through your use of the Web Site is true and accurate.
You agree to update your personal details if they should change in any way. You can update the information you have given us by visiting your profile page.
5. Unlawful Use
Our intention in running the Website is to ensure that the information contained within it is accurate. We as a matter of course want to allow Registered Users to express their honestly held opinions. However, Registered Users' postings represent the opinions and experience of the posters and not those of Holiday Truths and we do not under any circumstances or situations accept any responsibility for inaccurate information on our Website.
The Web Site is not intended to be a forum for people to publish malicious, hateful, defamatory, illegal or unlawful remarks. We reserve the right, but have no obligation, to read and/or edit and/or delete any data or image or text within our control or otherwise restrict its dissemination if, in our absolute discretion, it is deemed to be unacceptable or in danger of contravening the above guidelines when we are to consider its content. If we consider that a posting is in breach of the Terms and Conditions of Use, we reserve the right but have no obligation to refuse to publish it on the Web Site or to amend the posting prior to publication. We may notify you if we have amended your posting but we are not obliged to do so under any circumstances.
You may use the Web Site only for lawful purposes. You may not use the Web Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). Furthermore, if you access the Web Site from any other legal jurisdiction, you are responsible for complying with the laws of that jurisdiction and you warrant that your use will comply with those laws and agree to indemnify us on a full costs and damages basis in respect of any liability (whether criminal or civil) arising from your use in that jurisdiction.
6. Content Standards
These content standards apply to any and all material which you contribute to the Web Site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. Intellectual Property and Rights of other Users
You warrant and represent not to use the Web Site in a manner that infringes any person's copyrights or other intellectual property rights or interferes with another user's lawful use of the Web Site or infringes any person's privacy. You agree only to submit your postings for publication if you are sure that you own the copyright or that you have the permission of the owner to post the material. In posting on the Website you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format and also allow us to amend that content or post as per the previous clauses in these terms and conditions.
8. Breach of Warranty
You acknowledge that any breach of the warranties set out above may cause Holiday Truths damage or loss and you agree fully to indemnify us and to keep us indemnified at all times against all claims, third party liabilities, costs, actions, proceedings, demands, losses, damages, expenses, legal fees and disbursements incurred or sustained by us, including consequential losses, arising out of your use of the Web Site (or that of any other person to whom you have given your password or otherwise authorised or permitted to access the Website using your username).
9. Storage of your information
When you register and when you make postings to our Web Site we collect information about you. The information we collect is stored for our purposes only. We respect your personal data and are committed to protecting your privacy and we take all reasonable steps to keep your details safe. We will comply with the Data Protection Act 1998 and any data protection statutory requirements applicable to England and Wales currently in force. We will not share your information with others without your prior consent. We will not normally pass on your details to anyone else but we reserve the right to disclose any material under our control, including personal data about you, to a relevant person if you breach these Terms and Conditions of Use and/or when required by statute, rule of law in England and Wales or court order or when such disclosure is requested by the police or other regulatory authority or is necessary for the purpose of any civil or criminal legal proceedings or for any other purpose permitted for the disclosure of personal information by s.35 of the Data Protection Act 1998.
While we will take appropriate action if notified of the inaccuracy of data which is supplied on or through the Web Site, any such data (including personal information) may include inaccuracies and errors and omissions, in respect of which we shall have no liability. In particular, you may not rely upon the truthfulness or accuracy of any statement made by a user on or through the Web Site. You are solely responsible for ascertaining or checking the truth or accuracy of all such material and you agree to accept sole responsibility for any decisions you may make in reliance upon such material. We make no representations or warranties as to the accuracy of such material and disclaim any such implied warranties.
Holiday Truths Limited and our suppliers, customers and agents make no representations or warranties about the reliability or suitability of any software accessible on or through the Web Site and disclaim any such warranties.
We may need to suspend it without notice in order to carry out maintenance and improvements and we may be prevented from operating by causes beyond our control (Force Majeure). We do not accept responsibility for any interruptions or failures in the Web Site.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our sole negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
Holiday Truths will not be liable to any person or entity for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Web Site; or
- use of or reliance on any content displayed on our Web Site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Web Site for domestic and private use. You agree not to use our Web Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Web Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our Web Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Web Site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Web Site, the server on which our Web Site is stored or any server, computer or database connected to our Web Site. You must not attack our Web Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Web Site will cease immediately.
12. Third party advertisements
Third parties who submit material to us for advertisement on the Web Site are solely responsible for the content of such material, including ensuring that it complies with all relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
13. Complaints procedure
If you become aware of any material on the Web Site that you believe infringes or effects your legal rights you should immediately notify us. We will investigate all complaints and may at our sole discretion take remedial action if necessary, including but not limited to removing the material in question from our Web Site. Depending on the action that we take we may inform you of that decision together with reasons why.
You can send written complaints by post to:
Holiday Truths Limited
3 Cygnus Court
In the event that your complaint specifically relates to a matter in relation to defamation, please see our Notice of Complaint of Defamatory Content.
14. Termination and Suspension of Use
We reserve the right to suspend, restrict or terminate your use of the Web Site or any portion thereof at any time and without notice in the event of:
(i) any breach by you of these terms and conditions of Use;
(ii) the use of your password by any person other than you (no matter how they obtained that password);
(iii) any other act which we consider, in our sole discretion, to be a misuse or abuse of the Web Site in anyway whatsoever;
You may terminate your use of the Web Site at any time without notice.
Any delay or failure by us in enforcing any right under this agreement is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced by us.
If any part of the agreement between us is found by any competent authority to be invalid or unenforceable, this will not affect the validity and enforceability of the remainder of the agreement, which shall continue in effect.
17. Rights of Third Parties
These terms and conditions are made for the benefit of you and Holiday Truths and their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
18. Governing Law and Jurisdiction
This document constitutes the entire agreement between the user and Holiday Truths Limited with respect to use of the Web Site and supersedes all prior agreements between us if any.