1. Introduction.
This Agreement is a legal document which sets out your rights and obligations, and those of HolidayFriendships.com, ("Holiday Friendships", "we" or "us"), in relation to this site and the services offered by Holiday Friendships through it (the "Holiday Friendships Service"). You must take the time to read and understand it, before registering for the Holiday Friendships Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Holiday Friendships Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Holiday Friendships Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2 Membership.
People who register for the Holiday Friendships Service become "Members". They must be at least 18 years of age.
As well as being able to browse the Holiday Friendships Service like any visitor to it, may:
- May post their name and some other details in the profiles page and other categories which appear on the Holiday Friendships Service;
- Receive emailed messages, which will be sent to the email address contained in My Details (which are provided during Registration and may be updated subsequently), and
- Post to any message boards which may be available on the Holiday Friendships Service;
- Upload upto 24 photographs per holiday.
- Send messages to their contacts, or people they have searched for manually.
- Send Unlimited messages via our internal servers.
- Use the advance search tools.
3. Registration.
You undertake to register for the Holiday Friendships Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to add yourself to a location on the Holiday Friendships Service which you live at the present time. As part of the registration process for the Holiday Friendships Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
4 Privacy policy.
Holiday Friendships's Privacy Policy forms part of this Agreement, and by agreeing to this, you also give your consent to the way we may handle your personal data detailed in that policy. Given the global nature of the World Wide Web, any posting on the Holiday Friendships Service (including any which contain personal information) is, of course, accessible to internet users around the world.
5 Holiday Friendships's Role.
You, whether you are a Member or just a non-Member who visits the Holiday Friendships Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Holiday Friendships Service or outside of it. We only provide a venue where the Holiday Friendships Service may be accessed. In particular, you should be aware that Holiday Friendships does not pre-screen or monitor the material contributed by Members.
6 Additional Services.
Holiday Friendships or its affiliates may offer new or additional services through the Holiday Friendships Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement.
7 Operation of Holiday Friendships Services.
Holiday Friendships reserves the right to withdraw or modify one or more aspects of the Holiday Friendships Service where we have legal or commercial reasons to do so. There may also be times when the Holiday Friendships Service becomes inaccessible as a result of technical difficulties experienced by Holiday Friendships or on the Internet. For security or other reasons, we may require you to change password or other information which facilitates access to the Holiday Friendships Service.
8 Misuse of Holiday Friendships Service.
We reserve the right (a) to suspend or terminate any Member's access to the Holiday Friendships Service, or parts of it, and/or (b) to remove, edit, or require the Member to remove or edit, material posted on the Holiday Friendships Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Holiday Friendships Service without our prior consent. You are responsible for everything which is done on or through the Holiday Friendships Service while your Membership account is logged on to the Holiday Friendships Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Holiday Friendships Service if the relevant Member is abusive, discriminatory or threatening to, harasses or communicates offensive messages or images to another Member, whether or not through the Holiday Friendships Service.
9 Relevance.
The Holiday Friendships Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- Include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Holiday Friendships Service (any message which contains any form of the above will be automatically removed)
- Place material on, or otherwise use, the Holiday Friendships Service for any business or commercial purpose; or
- Use your access to the Holiday Friendships Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
10 Future Fees
(i)We reserve the right to provide a free service to all members for a period of up to 12 months following the launch of the service. We also reserve the right to incorporate a fee based service within that same 12 month period, should we deem it appropriate.
(ii) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Holiday Friendships Service.
(iii) Fees paid by a Member will not be rebated or refunded by Holiday Friendships, except as follows. If, under Clause 7 above, we entirely withdraw an aspect of the Holiday Friendships Service for which you have subscribed, or the entirety of the Holiday Friendships Service itself, then you may be entitled to a rebate of your Full Membership fee for the remainder the twelve month period to which that fee relates
We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
11 Prohibitions.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Holiday Friendships Service, nor any activity or communication you make in connection with any Holiday Friendships Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.
12 Alerting Holiday Friendships.
If you see anything on the Holiday Friendships Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us. We do not generally monitor material contributed by Members before it is placed on the Holiday Friendships Service, and so we are reliant upon users to point out any which infringes this Agreement. We try our best to monitor some parts of the service, but your help would be appreciated.
13 Withdrawal of material and Termination of Membership.
Each Member acknowledges that we are entitled to withdraw any material on the Holiday Friendships Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Holiday Friendships Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Holiday Friendships Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Holiday Friendships Service.
14 Disclaimer and Release.
Holiday Friendships has no control over or responsibility for the truth or accuracy of any material available on the Holiday Friendships Service, whether provided by Members or others.
- If any third party sites are linked to from the Holiday Friendships Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Holiday Friendships Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the Holiday Friendships Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Holiday Friendships its directors, contractors and employees from all liability arising out of your use of a third party site or arising out of or in connection with the Holiday Friendships Service and the material included here by Members and other third parties.
15 Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Holiday Friendships Service (including the material which is contributed by Members) are owned by The Friendship Company Ltd. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Holiday Friendships Service, or any of the material which is found on the Holiday Friendships Service unless properly licensed to do so by us.
By submitting any material to the content to the Holiday Friendships Service, you:
- Are representing that you are fully entitled to do so;
- Grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- Authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
16 Excluded loss.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Holiday Friendships will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
17 Maximum liability.
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Holiday Friendships under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of £5
18 Non-excluded Liabilities.
Nothing in this Agreement limits Holiday Friendships's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
19 Indemnity.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Holiday Friendships Service.
20 Assignment.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Holiday Friendships assign or dispose of this Agreement.
21 Entire Agreement.
This Agreement includes our privacy policy . Together they contain the whole of the agreement between us and you concerning the Holiday Friendships Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
22 Changes to this Agreement.
Holiday Friendships reserves the right to change this Agreement from time to time, and post the new version on the Holiday Friendships Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.holidayfriendships.com) and the new version of these terms and conditions will take effect, and will govern all Holiday Friendships Services and your relationship with Holiday Friendships:
- commencing four weeks after the date of posting (or such later date as Holiday Friendships indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Holiday Friendships Service; or
- immediately upon the date of posting (or such later date as Holiday Friendships indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Holiday Friendships's addresses or email addresses referred to in this Agreement.
23 Severability.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
24 Law.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales .
25 Contact.
You can contact us by post at 43 St Peters Court , Chalfont St Peter, Buckinghamshire. SL9 9QQ.