HolidayDrivers.co.uk and HolidayDrivers is a brand of, owned and operated by, DealDrivers Ltd whose registered office is 1, Templar Mews, Blackjack Street, Cirencester, Gloucestershire GL7 2AA
Company number 5302696 VAT No 850 3891 19
CONDITIONS OF USE OF DEALDRIVERS LTD WEBSITES BY ADVERTISERS
The following are the terms and conditions for advertisers using the online database search entries and advertising pages of DealDrivers Ltd, in this instance the HolidayDrivers.co.uk website including without limitation the display of classified advertisements for letting property or providing business and/or any other services or for any other purpose which may be displayed from time to time by the DealDrivers Ltd website, collectively referred to as the "Advertisements". Please read them carefully.
BY ADDING AN ADVERTISEMENT(S), YOU (THE ADVERTISER) ARE AGREEING TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS APPLYING TO THE ADVERTISEMENTS AND THE SERVICES PROVIDED BY DealDrivers Ltd (THE SERVICE).
1. The Requirements
1.1 All material posted onto the DealDrivers Ltd (HolidayDrivers) ("Material") must comply with the following requirements and the Advertiser warrants:
1.1.1 that all information set out in the Materials including but not limited to details of properties, facilities, proximities, qualifications, experiences and activities are accurate and an honest reflection of the Advertisers properties or services;
1.1.2 that all descriptions and copy contained in the advertisements including graphics contained within the Materials are work produced by the Advertiser as represented within the Materials and to which the Advertiser retains copyright or is licensed in writing by the copyright owner to reproduce within the Materials;
1.1.3 that the details of identifiable individuals shall not be disclosed within the Materials without those individuals consent to the Advertiser in accordance with Data Protection legislation in force from time to time.
1.1.4 that any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). DealDrivers Ltd will have no obligations with respect to the Communications. Dealdrivers Ltd will be free to alter, copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes in the pursuit of promoting the Advertiser’s property. DealDrivers Ltd, in their absolute discretion, will be free to reject or withdraw any advertisement at any time without notice should a complaint be raised by a user of the Holidaydrivers.co.uk website relating to the accuracy of an Advertiser’s entry, until such claim can be investigated and resolved with the Advertiser, DealDrivers Ltd will have no obligations whether directly or indirectly as a consequence of such rejection or withdrawal or Material. DealDrivers Ltd may vary the terms on which advertisements are accepted, and concessions on tariffs and rates applying for the time being may be superseded at any time by notices or terms published any where on this site on particular pages at this Site.You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
2. Third Party Contracts
2.1 The Advertiser’s information displayed on the HolidayDrivers.co.uk website will constitute an invitation to treat by the Advertiser to individuals visiting the HolidayDrivers.co.uk website ("Visitors"). The Advertiser alone shall be responsible to ensure that all requirements of distance selling legislation are complied with if contracting with any Visitor at a distance.
2.2 Where Advertisers collaborate or contract with one another or with Visitors as a result of use of the Service, they do so as independent contracting parties. Advertisers acknowledge that the HolidayDrivers.co.uk website or its owners will not in any way be construed as a party to any such collaboration or contract; and
2.3 The HolidayDrivers.co.uk website or its owners shall in no circumstance be a party to any contract between Advertisers and Visitors and all rights and liabilities accruing to the HolidayDrivers.co.uk website or its owners by operation of The Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
3. Specific Responsibilities of Advertisers
3.1 Each Advertiser is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein whether or not the material shall have been altered in accordance with 1.1.4 above.
4. Responsibilities of DealDrivers Ltd and the HolidayDrivers.co.uk website
4.1 DealDrivers Ltd will administer the HolidayDrivers.co.uk website but they shall not be responsible for the Materials or the content of any Materials supplied by the Advertiser, or as taken from the Advertiser’s own webpages with consent.
4.2 DealDrivers Ltd will use its reasonable commercial endeavours to maintain the HolidayDrivers.co.uk website in operating order but reserves the right to take the HolidayDrivers.co.uk website offline for the purposes of maintenance.
5. Complaints Procedure
5.1 The Service is a facility for Advertisers to display Materials on the HolidayDrivers.co.uk website. DealDrivers Ltd reserves the right to consider any complaint by or between Advertisers or by Visitors and to exercise its rights in accordance with Condition 5.3 below.
5.2 DealDrivers Ltd will use its reasonable endeavours to deal with complaints within five (5) working days of receipt and where necessary, call upon evidence of the Advertisers concerned.
5.3 DealDrivers Ltd reserves its rights to remove inaccurate, offensive, defamatory, infringing, disputed or illegal Materials from the HolidayDrivers.co.uk website at its discretion.
6. Indemnity and Waiver
6.1 The Advertiser agrees to indemnify DealDrivers Ltd, the HolidayDrivers.co.uk website and keep their owners , their successors and assigns, and each of their respective directors, officers, employees and agents (collectively "DealDrivers Ltd ") fully and effectively indemnified from and against any and all liability, damages, losses, claims ( including reasonable legal fees) resulting in any way from use of the HolidayDrivers.co.uk website and from any Material posted on the HolidayDrivers.co.uk websites, or from any other matter relating to its participation herein including but not limited to use of the information contained on the HolidayDrivers.co.uk website or arising from any introduction, collaboration or contract resulting or otherwise arising from using the HolidayDrivers.co.uk website
6.2 The Advertiser waives any right to bring any claim or action against DealDrivers Ltd or the HolidayDrivers.co.uk website or their owners for any loss, damage or injury arising from use of the Service or any Material from the HolidayDrivers.co.uk website or from these Conditions. Each Advertiser is asked to check the page prepared for them by HolidayDrivers.
7. Exclusion of Warranties and Liability
7.1 The HolidayDrivers.co.uk website or its owners do not warrant the content, accuracy or veracity of any Material or other information on the HolidayDrivers.co.uk website, the responsibility for which rests with the Advertisers as specified in Condition 3 above.
7.2 No warranty of bandwidth, graphics definition or accessibility of the HolidayDrivers.co.uk website to Advertisers or Visitors to the HolidayDrivers.co.uk website is given.
7.3 The Advertiser accepts the HolidayDrivers.co.uk website "as is" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
7.4 In no event will the HolidayDrivers.co.uk website or its owners be liable for any direct or indirect loss or damage, suffered by any Advertiser arising out of or in connection with any Advertisers access to, or Visitors access, or use of the HolidayDrivers.co.uk website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if the HolidayDrivers.co.uk website or their owners has been advised of the possibility of such damages.
7.5 In the event that the above exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, The HolidayDrivers.co.uk website or its owners 's aggregate total liability to any Advertiser for all damages and losses shall be limited to fees paid by the Advertiser suffering loss to the HolidayDrivers.co.uk website or its owners for the Service during the twelve months preceding the event giving rise to liability.
7.6 The Advertisers obligations under this agreement and the Exclusions and Warranties contained herein shall apply whether or not any fees have been waived by reason of a concessionary period being granted when no or reduced fees apply to the Service.
8. Term and Termination
8.1 The Advertiser agrees to remain bound by these Conditions (as amended from time to time) for at least one year from their acceptance and shall continue to be bound until the first anniversary of acceptance or termination of the Service whichever the later.
9. Payment
9.1 The Advertiser shall pay DealDrivers Ltd by one of the payment methods set out within the HolidayDrivers.co.uk website. In any event if the HolidayDrivers.co.uk website or their owners is not in cleared funds for the full amount due for the proposed duration of each advertisement (the Advertising Period) and for the display of the Materials ("the Basic Fee") within 10 working days of the date on which the Advertisers Materials are first posted on or uploaded to the website ("the Initial Date") and within 10 working days after the termination of the Advertising Period (if it has been proposed that the advertisement shall be renewed) the Materials shall be removed from the HolidayDrivers.co.uk website and retained at DealDrivers Ltd’s discretion until payment of the Basic Fee is received.
9.2 The HolidayDrivers.co.uk website or its owners reserve the right to charge a discretionary fee ("the Amendment Fee") in the event any extraordinary numbers of amendments to the Materials is requested or made by the Advertiser. An extraordinary number of changes would be considered to be more than three per calendar month. The Amendment Fee of £15+vat per change shall be levied by DealDrivers Ltd at their discretion and shall become due immediately on demand.
9.3 Failure to pay any of the above fees within ten (10) working days of the date on which those fee falls due shall entitle DealDrivers Ltd to remove the Materials from the HolidayDrivers.co.uk website.
9.4 The HolidayDrivers.co.uk website or their owners will publish a tariff sheet setting out, the Basic fee, the Amendment fee, and any other fees or charges which may become due.
10. Applicable Law
10.1 Each Advertiser agrees that these Conditions and any dispute arising in any way in relation to the HolidayDrivers.co.uk website will be governed by and construed in accordance with the laws of England & Wales.
11. General
11.1 In the event that any provision of these Conditions is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by English law.
11.2 Traffic on this the HolidayDrivers.co.uk website is monitored and can be produced to support or defend any dispute or actionable cause or matter that arises in relation to the same.
11.3 All contents of the HolidayDrivers.co.uk website save for graphics, Advertisers photography, or examples of work included within Materials, are the Copyright of the HolidayDrivers.co.uk website or their owners All rights reserved.
11.4 By agreeing these Conditions the Advertiser consents to DealDrivers Ltd and the HolidayDrivers.co.uk website utilising data deposited on the HolidayDrivers.co.uk website for the purposes of marketing and directory creation both in electronic and hardcopy format and the distribution and dissemination of that information.
11.5 By agreeing these Conditions the Advertiser also consents to complete any necessary forms which may be required in order for DealDrivers Ltd to communicate with Advertisers by E-Mail so that DealDrivers Ltd can comply with Directive 2002/58/EC of the European Parliament and any subsequent or similar legislation by the EU UK US or any other Governing Authority which states that unsolicited emails may only be sent to subscribers who have given prior consent for this purpose. No email sent to an Advertiser in relation to his advertisement or in relation to new services provided by DealDrivers Ltd offered to existing Advertisers shall be considered to be unsolicited within the terms of such legislation.
11.6 By agreeing these Conditions the Advertiser also consents to follow the principles and give effect to the spirit of DealDrivers Ltd online Privacy statement and be bound by the same as though they were incorporated in this agreement.
11.7 These Conditions represents the entire agreement between Advertiser and DealDrivers Ltd and the HolidayDrivers.co.uk website relating to the subject matter of the Service, and supersede any prior understanding or agreements regarding the Service.
General. DealDrivers Ltd may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
August 2009
Note: Anyone linking to DealDrivers Ltd’ website or HolidayDrivers.co.uk website or any other website owned by DealDrivers Ltd they are associated with must comply with all applicable laws and any industry guidelines which may be published from time to time.
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