Terms and Conditions

These are the Terms and Conditions for use of the AWE365.com website. By using the site you agree to these terms and conditions. Please also read our Privacy Policy.

Below these Terms and Conditions are the Terms of Business for advertisers and providers using this website. If using the site as an advertiser or provider you should read, understand and accept both the Website Use Terms and Conditions and Terms of Business.

Website Use Terms and Conditions

Definitions

Advertiser(s) is a third party that promotes products and/or services through AWE365.com. This may be paid or unpaid advertising.

‘Content’ is all the text, images, video and audio published on AWE365.com

A ‘Listing(s)’ is an advertisement of a holiday, course, experience, accommodation or discount on AWE365.com

‘Providers’ are a third party who provide Content, images, information or Listings through AWE365.com

Terms means these terms and conditions of use as updated from time to time as per clause 10.

‘We’, ‘Our’, and ‘Us’  means anything owned by AWE365 LTD, company registration number 08449895 and the registered office of 173 Gibbon road, Newhaven, BN9 9ET, United Kingdom.

‘Website’, or ‘Site’, refers to all web pages and Content such as Listings, text, images, video and audio published on https://AWE365.com

You‘, ‘Your’ means any person who uses the Site.

1   Accessing our Site

  1. You should read these Terms carefully before using the Site.
  2. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
  3. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
  4. Your use of the Site means that you must also comply with our Privacy policy.
  5. If you have any questions about the Site or these Terms, please contact us by e-mail at [email protected]
  6. Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Site without notice. We reserve the right to restrict access to some parts of our Site or to our entire Site.
  7. We will not be liable if for any reason the website is unavailable at any time or for any period.
  8. All bookings are made directly with advertisers or providers and are subject to availability, you agree that we are not responsible or liable for delivery of advertisers or providers services.
  9. If you choose, or you are provided with, a user login, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
  10. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
  11. You are responsible for making all arrangements necessary for you to have access to our Site.
  12. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

2  Intellectual Property Rights

  1. Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our Site, and all material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  2. Images on our Site come from various sources, and should not be redistributed without permission. If you hover over an image within an article or Listing, the source of the image will be stated as part of the name, alternatively you can click on the image and the source will be stated in the URL. For example ‘Snowboarding in France Wikimedia image by Joe Bloggs’.
  3. If no source is stated the image is either by the author of the article, or with permission of the Provider whom the content is about. In which case please do not use it without our permission.
  4. We regularly source images using Creative Commons sources, usually under the Creative Commons Attribution Licence. Below are the sources we use:
    1. Wikimedia Creative Commons images, will be identified as ‘Wikimedia Image’ or similar, and will state the owner of the image, or their online alias, for example ‘by Joe Bloggs’ or similar.
    2. Flickr Creative Commons images, will be identified as ‘Flickr Image’ or similar, and will state the owner of the image, or their online alias, for example ‘by Joe Bloggs’ or similar.
    3. Google Images Creative Commons images, will be identified as ‘Google Image’ or similar, and will state the owner of the image, or their online alias, for example ‘by Joe Bloggs’ or similar.
    4. Creative Commons images can be redistributed under the same Licence, however we recommend that you go to the source and search for the owner and the original image just in case the license has changed.
  5. We also source royalty free images from various sources, these will be identified as ‘Royalty free image from Pixabay’ or similar. These images are public domain and require no author attribution.
  6. When the source is not one of the above Creative Commons or Royalty Free mediums please do not redistribute without permission.

3. Accuracy of information

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. Content is provided for your general information purposes only and it does not constitute health, safety, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

4. No Liability

You agree that we will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in our Site or from access to other material on the Internet via web links from our Site.

5. Uploading material to our Site

Any material you upload to our Site will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. We have the right to remove any material or posting you make on our Site.

6. Viruses, hacking and other offences

  1. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
  2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to from it.

7. Links to our Site

You may link to any page on our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

8. Links from our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Privacy Policy

I understand that by registering with the AWE365 Club personal data such as name, email address, country of residence and phone number will be stored, along with other information about my holiday and activity preferences. This data will be stored in accordance with Our Privacy Policy

10.  Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

11. Variation

These Terms are dated April 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing. Please be advised that we may update these Terms from time-to-time without notice to you. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. As a result, we suggest you revisit these Terms on a regular basis.

By using AWE365.com you agree to these terms and conditions.

The following Terms Of Business only relate to advertisers using AWE365.com to promote their business, products and/or services.

 

Terms of Business

These terms and conditions (‘Terms of Business‘)govern all agreements between AWE365 Ltd (‘the publisher’) and the displayer and/or purchaser of listings, lineage, advertising and/or sponsorship (‘the client’) to be displayed on the web site AWE365.com (‘the web site’).

If there is a conflict between these Terms of Business and the Terms and Conditions above, these Terms of Business shall prevail in any dispute emanating from the display of information or purchase of space on the web site.

  1. The delivery of a form (by filling in online forms, emailing information to the publisher and/or the provision of information by telephone, fax or letter) signifies acceptance of these Terms of Business.
  2. The client will be charged in accordance with the rates set out by the publisher.
  3. The client shall not enter onto the site any of the following:
    1. Libelous, defamatory, critical or any information that would or might, for any reason whatsoever, give rise to an action in law against the client and/or the publisher;
    2. (Untrue, misleading, rude, offensive, racist, sexist or any information that would or might cause offence or hurt to any person.
  4. The publisher reserves the right to approve, amend or decline copy at their sole discretion and without explanation. The publisher also reserves the right to change the client information that is displayed, the layout of the client pages and the look and feel of the site as they deem appropriate and without notice. All copy for listings, lineage, advertising and/or sponsorship must comply with the British Code of Advertising Practice.
  5. The publisher reserves the right to alter the price for listings, lineage, advertising and/or sponsorship, discounts and special offers at any time and without notice. This is not applicable to existing agreements.
  6. The publisher reserves the right to suspend indefinitely listings, lineage, advertising and/or sponsorship displayed on the web site, lineage when payment is overdue.
  7. The publisher accepts no liability for loss however caused through omission from the web site, typographical errors or late publication or failure from any cause, whether error, technical, late publication or failure to display listings, lineage, advertising and/or sponsorship.
  8. The client agrees to indemnify the publisher against all losses, damages, claims or expenses (including legal costs), which the publisher may reasonably incur, on account of any claim by a third party that the client‘s information is libelous, or for an action for breach of contract or any tortious action arising which may be incurred arising directly or indirectly from the contents of the listings, lineage, advertising and/or sponsorship.
  9. Advertisements are accepted on the understanding that any descriptions of goods, services, stock etc. are accurate and comply with English law and the Trade Description Act 1968.
  10. By providing content (words, images, videos etc) to the publisher, the client gives permission for that content to be used by the publisher on the web site and on external platforms, social media and other sites for the promotion of the web site and the clients advertising.
  11. The client warrants that he/she owns or controls all rights or has obtained copyright, moral rights and similar permissions, consents, waivers as are required for the display of logos and trademarks in copy provided to the publisher.
  12. The client warrants that no copyright or moral rights or any other rights of a similar nature now existent or hereinafter created will be infringed by the publisher publishing the copy provided.
  13. The client agrees to indemnify the publisher against all losses, damages, claims or expenses (including legal costs) which the publisher may reasonably incur by virtue of any breach of the above warranties or in the event of any claim (whether or not proceedings are issued) by any party against the publisher that any copyright or moral rights or any other rights of a similar nature have been infringed by the publisher or that the publisher have induced, encouraged, authorised or otherwise been associated with such infringement.
  14. In any event, the publisher’s liability for any loss or damage whether caused by negligence or otherwise will be limited to the cost of any listings, lineage, advertising and/or sponsorship and the publisher will not be liable for any consequential loss or damage or loss of profit of the client or of any other party nor be liable for any other loss however suffered.
  15. Any variation of these terms by the client must be agreed in writing between the client and the publisher. The publisher reserves the right to alter or amend these terms at any time without notice.

Please also read our Privacy Policy

 

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