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Terms and Conditions1. INTRODUCTIONWelcome to HolidayHomeHeaven.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern HolidayHomeHeaven's relationship with you in relation to this website.The terms "HolidayHomeHeaven.com", "HolidayHomeHeaven", "us" or "we" refer to the owners and operators of this website. The term "you" refers to the user or viewer of our website. 2. ELIGIBILITY AND REGISTRATIONIn order to make use of certain parts of the Website Service, you will need to register an account with Us. In order to do so, you must
3. GENERAL RULES RELATING TO CONDUCTThe Website Service is made available for your own, personal use. The Website Service must not be used for any commercial purpose other than the advertising of properties or for any illegal or unauthorised purpose. When you use the Website Service you must comply with all applicable UK laws relating to online conduct (including, without limitation, content which can be posted online) and with any applicable international laws, including the local laws in your country of residence (together referred to as "Applicable Laws").4. CONTENT SUBMITTED TO THE WEBSITEYou are responsible for any information, data, text, photographs, graphics, messages or other content ("Content") which you post or upload and/or display (in public or privately) to the Website. HolidayHomeHeaven may (but shall not be obliged to) delete, edit, lock, move or remove any Content without notice and for any reason and/or to record the IP address from which any Content is posted, uploaded and/or displayed without notice and for any reason, including, without limitation, Content which, in our sole discretion, violates these Terms or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever, or in respect of which HolidayHomeHeaven receives any complaint (whether justified or not). By posting, uploading and/or displaying any Content to the Website you warrant that:
5. SPECIFIC RULES RELATING TO CONDUCTYou agree that when using the Website Service you will comply with all Applicable Laws (as defined in paragraph 3), these Terms and you acknowledge that you are responsible for all acts and omissions which occur under your user-name. In particular, but without limitation, you agree not to:
6. CONTENTThe copyright in all material contained on, in, or available through the Website including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to HolidayHomeHeaven or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material (other than Content posted by you) without express permission from HolidayHomeHeaven. You must not frame or link to the Website or any part of it without our permission. The trademarks, service marks, and logos ("Trade Marks") contained on or in the Website are owned by HolidayHomeHeaven.com or its group companies or third party partners of HolidayHomeHeaven.com. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of HolidayHomeHeaven or the relevant group company or the relevant third party partner of HolidayHomeHeaven.7. LINKS TO THIRD PARTY WEBSITESThe Website may contain links to websites operated by third parties ("Third Party Websites"). HolidayHomeHeaven does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.8. HolidayHomeHeaven.COM PRIVACY POLICYWe take your privacy very seriously. HolidayHomeHeaven will only use your personal information in accordance with the terms of our privacy policy. By using the Website you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.9. DISCLAIMER/LIABILITYUSE OF THE WEBSITE AND/OR THE WEBSITE SERVICE IS AT YOUR OWN RISK. THE WEBSITE AND THE WEBSITE SERVICE IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) HolidayHomeHeaven DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE WEBSITE AND/OR THE WEBSITE SERVICE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE WEBSITE AND/OR THE WEBSITE SERVICE (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN HolidayHomeHeaven AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR THE CONDUCT OF ANY USER AND/OR ACCOUNT HOLDER OF THE WEBSITE AND/OR WEBSITE SERVICE; ANY ERROR, DELAY OR FAILURE IN THE TRANSMISSION OF ANY COMMUNICATION BETWEEN USERS AND/OR ACCOUNT HOLDERS; ANY TECHNICAL FAILURE OF THE INTERNET, THE WEBSITE AND/OR THE WEBSITE SERVICE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE WEBSITE OR THE WEBSITE SERVICE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.HolidayHomeHeaven will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website and/or the Website Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. Nothing in these Terms shall be construed as excluding or limiting the liability of HolidayHomeHeaven or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. 10. ACCESS RESTRICTION AND SERVICE SUSPENSION OR TERMINATIONHolidayHomeHeaven reserves the right in its sole discretion to deny you access to the Website and/or the Website Service, or any part thereof, with or without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms. In particular, HolidayHomeHeaven may deny you access to the Website and/or the Website Services if HolidayHomeHeaven.com exercises its right to delete, edit, lock or remove any Content posted, uploaded or displayed by you. HolidayHomeHeaven reserves the right to suspend or cease providing all or any of the Website Service, without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.11. ADVERTISERS ON THE WEBSITEWe accept no responsibility for adverts posted on the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser, not HolidayHomeHeaven, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.12. ONLINE COMPETITIONSIf you take part in any competition which is run on or through the Website ("Competition"), you agree to be bound by the rules of that competition and any other rules specified by HolidayHomeHeaven from time to time ("Competition Rules") and by the decisions of HolidayHomeHeaven, which are final in all matters relating to the Competition. HolidayHomeHeaven reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.13. COPYRIGHT POLICYIt is our policy to terminate any person's account with us if they repeatedly infringe the intellectual property or proprietary rights of others. If you believe any of your work has been copied and posted on the Website in a way which infringes your intellectual property or proprietary rights, please contact us by any of the means set out in paragraph 16 or click on the "Report this" link at the bottom of the Website page or next to the allegedly infringing copy.You will need to provide us with the following information: (i) a description of the work that you claim has been infringed and a description of the alleged infringing copy of it; (ii) a description of where the alleged infringing copy has been posted on the Website; (iii) your contact details; (iv) a written statement, signed by you, to confirm that you are the owner of the work or you are authorised to act on the owner's behalf and the information you have provided to us is accurate to the best of your knowledge and belief. 14. ACCOUNT HOLDER INTERACTIONYou are responsible for how you interact with other account holders and users of the Website and the Website Service. We reserve the right, but have no obligation, to monitor how you interact with those persons.15. GENERALThese Terms (as amended from time to time) constitute the entire agreement between you and HolidayHomeHeaven concerning your use of the Website and the Website Service and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and HolidayHomeHeaven in relation to such matters.HolidayHomeHeaven reserves the right to update these Terms from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this the Website and your continued use of the Website Service following any changes constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of HolidayHomeHeaven. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or relating to these Terms and/or your use of the Website and/or the Website Service. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. HolidayHomeHeaven's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HolidayHomeHeaven in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, HolidayHomeHeaven and its group of companies. 16. CONTACTING USYou can contact the HolidayHomeHeaven team by emailing contact@holidayhomeheaven.com |