PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
AGREEMENT BETWEEN YOU AND Simply Vendee Ltd.
This Web site is made available to you by Simply Vendee Ltd (UK) trading as Holiday Vendee (HV).
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY AND ACCEPT, WITHOUT MODIFICATION, THE TERMS, CONDITIONS AND NOTICES PUBLISHED ON THIS WEBSITE (the “Terms”). IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT AUTHORISED TO USE THIS WEB SITE.
These Terms apply both to your use of, and to all Internet traffic visiting, this Website. HV reserves the right, in its sole, absolute and unfettered discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations or updates shall be effective immediately upon posting. By using this Website after HV has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms. This Website will permit you to link to many other websites that may or may not be affiliated with this Website and/or with HV, and that may have terms, conditions and notices of use that differ from, or contain terms, conditions and notices in addition to, the Terms specified on this Website. Your access to such websites through links provided on this Web site is governed by the terms, conditions, notices and policies of use of those websites, not this Website. Unless expressly stated otherwise, HV shall not be responsible for the operation of, connection to or content of those websites.
HV does not guarantee the transmission or processing of any information or on-line activity or transaction submitted to this Web site. The transmission of any information does not mean the on-line activity or transaction has been accepted or rejected, but merely indicates that a transmission has been initiated. All on-line activities and transactions are subject to written confirmation, whether in electronic form or otherwise. Furthermore, the level of service available on and from this Website may vary, and this Website may be inaccessible or “down” for periods of time. HV reserves the right to suspend or discontinue this Website, in whole or in part, for business or technical reasons. However, HV’s services may be accessed through traditional means, such as via telephone or through regular post.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Website is owned, controlled, managed and operated by Simply Vendee Limited. Copyright © Holiday Vendee. All rights reserved.
All content on this Website, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by UK, EU, US and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes), and are owned and controlled by HV.
Content on this Website or any website owned, operated, controlled or licensed by HV’s affiliated or related entities is solely for your personal, non-commercial use. You may print a copy of the content, but you may not modify, copy, display, perform, reproduce, republish, license, create derivative works from, transfer, upload, post, transmit, distribute, sell and/or exploit the content or information in any way (including by e-mail or other electronic means), or any software involved in utilising such content or information, for commercial use without the prior written consent of HV.
Without the prior written consent of HV, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of owners of PMB’s, copyrights, trademarks or service marks and other proprietary rights, is prohibited. As a condition to your use of this Website, you warrant to PMB that you will not use this Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
Given the unique nature of the Internet and the need to secure PMB systems and proprietary technology, HV reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Web site for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Website or who violate these Terms. If you violate any of these Terms, your permission to use this Website immediately terminates without the necessity of any notice.
You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own, or another, website any of the content or other materialsAND AMENDMENTS OCCURRING THERETO AND IMPROVEMENTS AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY, DESIGN OR LAYOUT OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THISWEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT PMB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT PMB, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE, EXCEPT IN RELATION TO LIABILITY, LOSS AND DAMAGE FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.
BY WAY OF EXAMPLE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PMB, SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM FAILURE OF PERFORMANCE OF THIS WEBSITE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PMB IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
PM, SHALL ONLY BE LIABLE FOR DIRECT LOSS ARISING OUT OF OR RESULTING FROM THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS LIABILITY SECTION APPLIES ONLY AND TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
You agree to indemnify, defend and hold harmless HV, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of HV. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
This Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience, information and, in some cases, transactional capability, only and, as such, you access them at your own risk. The content of any Linked Sites is not under the control of HV, and HV is not responsiblefor, and does not endorse, such content, whether or not HV is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Website or provide any links that state or imply any advertising, sponsorship or endorsement of your own, or any other, website by HV.
LAW AND JURISDICTION
This Agreement (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this website) is governed by and shall be construed in accordance with the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Those who choose to access this Website from outside the United Kingdom are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this Website in violation of UK and EU export laws and regulations.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HV either as a result of this Agreement or your use of this Website.
The provisions of these Terms, and each obligation referenced herein, represent the entire Agreement between HV and you and supersede any prior proposals, agreements or understandings (whether oral or written) not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms, conditions and notices of use or understanding, the last published Terms or terms, conditions and notices shall prevail.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HV.