Notices
Any use by you of this Website is governed by these terms and
conditions. Please read them carefully. The Disclaimer forms part of
them. If you are uncertain about your rights or obligations under them
or if you have any queries or comments, please contact our Business
Support Team by e-mail at business.support@marketingbirmingham.com, or
seek independent legal advice.
If you are under 18 years of age you cannot enter into transactions using this Website. See condition 3 below.
We may restrict your use of this Website. See condition 1 below.
These
terms and conditions impose obligations on you, give you liabilities to
us and affect our liability to you. See condition 8 and the Disclaimer.
Before
using the Website please read our Privacy Statement. It tells you what
information we collect from you via the Website, how it is collected,
and what we use the information for. You can control what information
we collect from you and you must read our Privacy Statement to
understand how.
If you do not agree to be legally bound by all the these terms and conditions please do not access and/or use the Website.
1. CONTRACT BETWEEN YOU AND US; TERM AND TERMINATION
Marketing
Birmingham Limited (‘we’, ‘us’, ‘our’) offer this website (‘the
Website’) and the service described in condition 3 below (‘the
Service’) for the convenience of us and users of the Website (‘you’,
‘your’). We can suspend or terminate your permission to use them, or
bar you from using them, with immediate effect, at any time and for any
reason and without giving any reason.
We may restrict
access to the Website or any part of it so that only registered users
are permitted to access or use it. We may refuse any request by you to
register you for access.
We may change our terms and
conditions or change or stop offering the Website and/or the Service at
any time, for any reason. The terms and conditions that apply are the
ones published on the Website at the time when you use it. It is your
responsibility to make sure that you are aware of any amendments to
these terms and conditions.
If we let you view any
part of the Website, that constitutes payment by us so that a contract
is formed between you and us. The contract is formed under English law
and on these term and conditions and the Disclaimer published on the
Website. You also agree that the contract will be governed and
interpreted in accordance with English law.
The
contract will take effect immediately on your first use of the Website
and will continue in force from month to month until such time as it is
terminated by you in writing or by us in writing or by us stopping the
Website.
2. LICENCE TO USE THE WEBSITE AND SERVICE
Your permission to use the Website and the Service is restricted and subject to conditions.
You
may use the webpages (and their content) and functions of this Website
that we make available to you, for viewing or printing the webpages
using a browser. If you use any part or aspect of this Website, you
agree to comply with our on-screen instructions on the Website
including the acceptable use terms set out in condition 6 below and all
the other terms and conditions set out below.
You may
use the Service by viewing or printing the relevant webpages (and their
content) and providing information to us via those webpages using a
browser. You only have to comply with conditions [3, 5 and 9] below if
you use the Service.
You may not use the Website or
the computers or software by which it is published on the internet
(‘Systems’) in any other way, or for any other purpose.
3. THE SERVICE
On the Website we
provide a service for you to deal with certain third parties ( 'Tourism
Establishments' ). You can access and browse information posted by
Tourism Establishments, request brochures from them, and enter into
transactions (in respect of the purchase of accommodation, services or
goods) with them.
We are concerned about the safety
and privacy of all of our users, particularly children and young
adults. For this reason, if you are under the age of 18, you may access
and browse the other parts of the Website but you are not permitted to
enter into transactions using the Service.
4. YOUR OBLIGATIONS - ACCURACY OF INFORMATION
In
return for us allowing you to use the Website, you agree: (a) to
provide true, accurate, current and complete information about yourself
(including any Personal Information and Financial Information, as those
terms are defined in our Privacy Policy) and; (b) maintain and promptly
update the Personal Information and Financial Information and keep it
true, accurate, current and complete.
If you provide any
information that is untrue, inaccurate, not current or incomplete, or
we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend or
terminate your use of the Service.
If you access
this Website from outside the UK, we do not represent or warrant that
this Website or your accessing it complies with the laws of your
country of access. It is your responsibility to comply with the laws
of your country of access.
5. PROCESSING ORDERS MADE USING THE SERVICE
Any
order you submit via the Service will form an offer or invitation to
treat (as determined by the Tourism Establishment’s terms and
conditions) by you to the Tourism Establishment for the goods, services
or accommodation published on our Website and selected by you.
Normally we act as referrer and we will pass on your offer or
invitation to treat to the Tourism Establishment. The legal status of
your booking and the terms and conditions on which it is made will be
determined by the terms and conditions that apply between you and the
Tourism Establishment. Once your booking is confirmed to us by the
Tourism Establishment we will pass on to you a voucher (by email, fax
or post) from the Tourism Establishment confirming its acceptance of
that order.
You should note that any contract(s) made will be
between you and the Tourism Establishment(s) with whom you have placed
an order and will be subject to the Tourism Establishment(s) terms and
conditions. You should read all terms and conditions prior to entering
into the contract(s). You will not be entering into a contract with MB
when you make a booking which is accepted.
Where a contract is
made between you and a Tourism Establishment, MB will to pass on your
Personal Information and Financial Information (as those terms are
defined in our Privacy Statement) to that Tourism Establishment and by
placing an order using our Website you accept and consent to the
passing on of your details.
6. ACCEPTABLE USE OF THE WEBSITE
Please
note that use of the Website or the Service for purposes which are not
expressly permitted by these terms and conditions are expressly
prohibitied, and you accept all risk and liability for such use that is
made or permitted by you. You agree that you will reimburse us on
demand for all loss or damage that we or any of our staff or suppliers
or Tourism Establishments suffer as a result of such use.
Use
of this Website is for your non-commercial and personal use only. You
may NOT in any circumstances transmit, copy, display, reproduce,
perform, modify, distribute, create derivative works, license, publish,
transfer, or sell any products, services, software, source code or
information obtained from or through this web site including text,
graphics, logos, icons and images without express written permission
from MB save for where specifically permitted within these Terms.
You shall:
- only
use the Website for lawful purposes and in a manner which does not
infringe the rights of, restrict or inhibit anyone else's use of the
Website;
- use reasonable skill and care in using the Website;
- notify any breach of these Terms to the us immediately;
- identify yourself in the appropriate manner and accurately when using the Website;
You shall not:
- copy,
reproduce, republish, download, post, broadcast, transmit, distribute,
store or otherwise use the Website or its content or any portion of the
Service in any way except for your own personal, non-commercial use;
- use the Website or its content in any other way without our prior written permission;
- create, circulate, distribute or store or make any:
- material which would not reasonably be expected to be included in association with the Services;
- viruses, worms or other deliberately destructive code; or
- material anonymously or by use of a pseudonym;
- do
anything which causes damage to or disrupts or interferes with the
Website or the Service, or any server or network connected to it;
- circumvent
or attempt to circumvent our security systems or our virus checking
procedures or do anything which may prevent them from functioning
correctly;
- contravene any applicable laws or regulations;
- infringe
the rights of third parties, including copyright or other intellectual
property rights or data protection rights by, for example, collecting
or storing personal data about other users of the Service or the
Website.
You understand that the technical processing and
transmission of the Website, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
In the interests
of all our users, we will co-operate with investigations by any law
enforcement or relevant authorities of suspected criminal activity or
violation of systems or network.
7. OWNERSHIP AND USE OF PROPRIETARY RIGHTS
All
the Website including the content published on it (other than any
content on the Website provided by Tourism Establishments), , including
text, graphics, logos, icons, images (together, the ‘Content’) and the
arrangement and compilation of the Content and any databases
(‘Compilations’), and all the software and code included in or used on
the Website and operating on the System or in your browser (‘Software’)
are the property of us or our suppliers or licensors. All Content,
Compiliations and Software is protected by United Kingdom and
international intellectual property laws, including, copyright laws.
Our
visual identity and logo are trade marks, the "Birmingham" logo being a
registered trade mark. The identities and/or logos of Tourism
Establishments may also be trade marks or registered trade marks. You
are not permitted to use or reproduce or allow anyone else to use or
reproduce these trade marks for any reason, unless otherwise expressly
stated within these terms and conditions.
Nothing contained in
these terms shall be construed as conferring by implication, estoppel
or otherwise any licence or right to use any trade mark, patent, design
right or copyright of us, or any other third party.
Any
use of such intellectual property rights, software or code or any
reproduction of the Website content is strictly prohibited except where
expressly allowed under these terms and conditions.
Any
requests for permission to use the Content in a manner otherwise than
permitted by these terms and conditions should be notified to us.
8. INDEMNITIES
You
hereby agree fully to indemnify, keep indemnified and hold us or any of
our officers, employees, agents, sub-contractors and [affiliated
companies] harmless from and against any and all costs, claims, losses,
damages or liability and expenses (including, but not limited to, legal
fees) made by any third party in any jurisdiction due to or arising out
of your use of the Website or the Service otherwise than in accordance
with these terms and conditions, or in circumstances where you are in
breach of these terms and conditions, or any other breach by you of any
third party rights.
You hereby separately agree
fully to indemnify and hold harmless us and any of our staff and any of
the Tourism Establishments and their merchant service providers from
and against all and any costs, loss, damages, expenses (including but
not limited to legal fees) arising from any fraud by you.
9. DEALINGS WITH TOURISM ESTABLISHMENTS
The
Service [exclusively] contains material, details of suppliers of goods
and services and other advertising and sponsorship, which originates
from third parties including Tourism Establishments. We provide such
materials as publisher only and do not necessarily endorse the content
of those, supplier details, advertisements and/or sponsorship. If you
have any complaint about any such content published on our Website
please notify us and the relevant Tourism Establishment.
We
are not in any way responsible for any transaction conducted between
you and any third party featured on the Website. Any transactions which
you conduct with them is conducted at your own risk.
All
bookings must be accompanied by your credit card details, and the
credit card must be valid until a date following scheduled arrival at
the Tourism Establishment. These details will be passed directly to the
Tourism Establishment to take the booking, and we have no control over
and accept no responsibility in relation to the use made by the Tourism
Establishment of those details or any unlawful use of the card details.
The booking between you and the Tourism Establishment
is only confirmed when you receive written or electronic confirmation
of booking from us. In the unlikely event that you do not receive such
confirmation please contact us at info@marketingbirmingham.com or telephone 0121 202 5115.
You
should find the [hotel rooms] properly clean and tidy upon arrival,
however we accept no responsibility for the state and condition of the
room or the services. We will however assist you in bringing any
defects to the attention of the Tourism Establishment should this be
required by you.
The Tourism Establishment’s terms
and conditions will apply to your booking. Any amendment to your
booking, once made, will be subject to those terms and conditions.
10. THIRD PARTY LINKS AND LINKING IN
We
may provide hyperlinks to other Internet sites. We are not responsible
for the availability of such other sites and MB does not endorse, and
is not responsible or liable for any content, products or other
materials available on such other sites.
You may
include a link to our homepage, www.visitbirmingham.com, in any website
that you control. You may not make any link to any other webpage
forming part of the Website, or otherwise use or link to any other part
of the System, except as expressly permitted in these terms and
conditions or otherwise with our prior written consent, which may be
subject to conditions and fees.
11. LIMITATION OF LIABILITIES
Our liability is limited as set out in the Disclaimer.
12. NOTICES
You can give us notice under these
terms and conditions by post to our address shown on our Website, or by
sending an e-mail to us at info@marketingbirmingham.com.
We can give you notice by post or e-mail to the address you give us via
the Website. Notices will be deemed to have been served one hour after
transmission by e-mail (provided that the e-mail is acknowledged or
delivery is confirmed by read-receipt) or three working days after
despatch by post.
13. GENERAL
These
terms and conditions, together with the Privacy Policy and Disclaimer,
are subject to English Law and you agree to submit to the jurisdiction
of the English Courts in relation to any matter or dispute arising out
of or in connection with your use of this Website.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
If
any provision of these terms and conditions is found to be invalid by
any court having competent jurisdiction, the invalidity of that
provision will not affect the validity of the remaining provisions of
these terms and conditions, which shall remain in full force and
effect.
Failure by either party to exercise any
right or remedy under these terms and conditions does not constitute a
waiver of that right or remedy.
Nothing in these
Terms shall create any right or benefit for any third party under the
Contracts (Rights of Third Parties) Act 1999. manner in which we
perform this Agreement.
Disclaimer
This Disclaimer is incorporated into and forms part of our website
terms and conditions. References to ‘you’, ‘your’, ‘Tourism
Establishments’, ‘Website’, ‘Software’, ‘Personal Information’ and
‘Financial Information’ have the meanings given in the website terms
and conditions.
We make no express or implied warranty or representation, nor accept any liability:
- as
to the accuracy, completeness, fitness for any particular purpose or
currency of the information accessible via this Website unless it
cannot be independently verified;
- that the Website and its
content are free from viruses or anything else that has contaminating
or destructive properties including where such viruses or other
programs result in loss of or corruption to your data or other
property;
- that selected Tourism Establishments will receive
any reservations purported to be generated by use of this Website
(because transmission of your order from the Service to the Tourism
Establishments may fail for reasons outside our control);or
- as
to the goods, services and/or accommodation found on or through the
Website (because these are the responsibility of the Tourism
Establishments);
- that the quality of any products, services,
information or other material purchased or obtained by you through the
Service will meet your expectations (because their quality is the
responsibility of the Tourism Establishments and it is your
responsibility to check they meet your requirements);
- as to the quality of the Website (because the Website is provided free of charge);
- as to the operation, functionality or accessibility of the Website;
- the Website or the Service will meet your requirements;
- that
the Website or the Service will be uninterrupted, timely, secure or
error-free (although once we have received your Personal Information or
Financial Information we will keep it reasonably secure in accordance
with the Data Protection Act 1998);
- that the results that may be obtained from your use of the Service will be accurate or reliable; or
- that any errors in the Website or the Software will be corrected.
- We make the above exclusions because you can take simple steps to manage those risks yourself. You must:
- check
your Personal Information and Financial Information held by us
regularly to ensure it is up to date and accurate, verify information
that is published on our Service with the relevant Tourism
Establishment, and verify all other information from an independent
source before relying on it;
- make your own arrangements to keep your data and property free from viruses or other malicious or unauthorized programs;
- check with the relevant Tourism Establishment to ensure it has received your order;
- ask
the Tourism Establishment to confirm its information about its goods,
services and/or accommodation and their quality, check its terms and
conditions, and compare everything with similar offerings from similar
businesses;
- use another website service if you want assurances
about its operation, quality, fitness for your requirements,
functionality, accessibility, availability, security or error-free
running (and you are likely to have to pay a fee to use it), or try
using the Website at another time and/or with different equipment;
- check
the results of the searches you make using the Service with Tourism
Establishments, make the searches at different times and using
different search parameters, and use other similar website services.
We will not be responsible for the computer equipment or telephone services which you use to access the Website.
No
other warranties, conditions, undertakings, representations, terms or
other liabilities whether express or implied or otherwise (if any)
arising out of or in connection with the use of (or inability to use)
the Website or any material on the Website or any action or decision
taken as a result of using the Website or any material on it are given,
and those that are statutory are excluded to the fullest extent
permitted by the law.
We will only be liable for any
loss or damage which you suffer from your use of the Website which
results directly from our breach of any contract formed between you and
us on the terms of our website terms and conditions or from our
negligence and which loss or damage was foreseeable (i.e. it was
obvious) to you and us at the time of entering into the contract. Where
your use of this Website is for business purposes we will not be liable
for any loss of business, profits, contracts, goodwill and/or any other
economic loss, or for any indirect or consequential loss or damage at
all.
Any liability of Marketing Birmingham Limited
to you shall be limited in respect of any one incident or a series of
two or more connected incidents to an amount equal to £5,000.
Any
claim for loss or damage caused by us which you wish to make must be
notified to us as soon as practicable after the loss or damage is
discovered.
In the event of any claim against us by a third party
resulting from use of the Website by you in non-compliance with our
website terms and conditions, you will be responsible for all of our
losses, damages and reasonable costs and expenses. In the event of a
third party claim against us, you agree that you will:
- not settle the matter without our agreement;
- give us full authority to conduct the matter, including as to defending or settling the matter; and
- give us all reasonable assistance which we require from you in relation to the matter.
The
above exclusions and limitations shall not, however, operate so as to
limit our liability in respect of death or personal injury arising from
our negligence or that of our employees or agents.
Except
as expressly stated, nothing in this Disclaimer and the terms and
conditions of which it forms part will reduce your statutory rights (if
any) relating to the manner in which we provide the Website or the
Services.