The Website, www.littlehampton.info, is owned and operated by Holidays and Homes of 110 Arundel Road. Littlehampton, West Sussex, BN17 7DW and comprises free and paid for listings and advertising opportunities. This agreement applies as between you, The User of this Website and The Owner of The Website in relation to paid for Enhanced Listings and Advertisements. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon you placing your order to have a presence on the Website. If you do not agree to be bound by these terms and conditions, you should advise Holidays and Homes immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“The Website” means www.littlehampton.info and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“Account” means collectively the personal/identifying information, payment information and credentials given by Users to Holidays and Homes to enable an Enhanced Listing or Advertisement to be created on The Website on their behalf;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of The Website;
“Directory Listing” means a listing posted in the directory section of The Website on behalf of a User, which shall provide details of that User’s business including, but not limited to, contact details;
“Standard Listing” means a listing posted in the directory section of The Website on behalf of a User, which shall provide details of that User’s business including, but not limited to, contact details. Standard Listings are free;
“Enhanced Listing” means a listing posted in the directory section of The Website on behalf of a User, which shall provide details of that User’s business including, but not limited to contact details, images, description and links to a website, social media and email. Enhanced Listings are subject to a recurring fee.
“Advertisement” means an on The Website in the form of a text or display advertisement that does not form part of a Directory Listing. Advertisements are subject to a fee;
“Listed Business” means any business or other entity which features in a Directory Listing or Advertisement;
“Directory Listing Fee” means the fee payable to have an Enhanced Directory Listing posted on The Website;
“Advertising Fee” means the fee payable to have an Advertisement posted on The Website
“The Owner” means Holidays and Homes of 110 Arundel Road, Littlehampton, West Sussex, BN17 7DW;
“Service” means collectively any online facilities, tools, services or information that littlehampton.info makes available through The Website either now or in the future;
“System” means any online communications infrastructure that littlehampton.info makes available through The Website either now or in the future. This includes, but is not limited to, Directory Listings, Advertisement, email addresses and online forms;
“User” / “Users” means any third party that has data on The Website or directly accesses The Website and is not employed by The Owner;
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Directory Listings or Advertisements, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Owner, or its affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions for non-commercial personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by The Owner. Specifically, you agree that:
2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by The Owner;
3. Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of Directory Listings and Advertisements belong to the Listed Businesses to which those Directory Listings and Advertisements pertain unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites including, but not limited to, those of Listed Businesses. Unless expressly stated, these sites are not under the control of The Owner or that of any of The Owner’s affiliates. The Owner assumes no responsibility for the content of such Websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
6.1 Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site, (i.e. www.littlehampton.info), without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Owner. To find out more please contact The Owner by email at firstname.lastname@example.org or telephone 01903 733006.
6.2 Listed Businesses and their associates may place deep-links to their Directory Listings on the Website.
7. Directory Listing on the Website
7.1 When submitting data for a Directory Listing or Advertisement to be included on the Website you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 your Directory Listing or Advertisement may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 your Directory Listing or Advertisement may not contain Content that is intended to promote or incite violence;
7.1.4 your Directory Listing or Advertisement should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
7.1.5 Directory Listings and Advertisements must be made using the English language. Content in any other language may be removed at the sole discretion of The Owner;
7.1.6 your Directory Listing or Advertisement may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
7.1.7 you must not include links to other Websites that contain any of the above types of Content;
7.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.9 your Directory Listing will be placed into the appropriate category;
7.1.10 you must not impersonate other people or businesses;
7.1.11 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.12 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that The Owner shall screen, approve (or reject), edit and/or remove any Directory Listing or Advertisement submitted for use on the Website.
7.3 The Owner may edit your Directory Listing or Advertisement to comply with the provisions of sub-Clause 7.1 without prior consultation. You will be informed in writing of the reasons for any such alterations or removals.
7.4 When requesting a Directory Listing or Advertisement, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.2 you will keep this information accurate and up-to-date.
7.5 By submitting a Directory Listing or Advertisement, you warrant and represent that you are the author of that Directory Listing or Advertisement or that you have acquired all of the appropriate rights and / or permissions to submit it. The Owner accepts no responsibility or liability for any infringement of third party rights by such Directory Listings and Advertisements or Content. Further, you waive all moral rights in the Directory Listing and Advertisement to be named as its author and grant The Owner a perpetual licence to modify the Content as necessary for its inclusion on the Website.
7.6 The Owner will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Directory Listings or Advertisements, nor for any errors or omissions in Directory Listings or Advertisements. Use of and reliance upon Directory Listings and Advertisements is entirely at your own risk.
7.7 Nothing in these Terms and Conditions shall grant The Owner any rights in or to any trademarks or any other intellectual property rights contained within your Directory Listing or Advertisement or any part of it save for the right to display the same on the Website as part of your Directory Listing or Advertisement until you or The Owner choose to remove that Directory Listing.
7.8 The User acknowledges that The Owner may retain copies of any and all communications, information, Content and Directory Listings and Advertisements submitted for inclusion on The Website.
8. Accounts and Directory Listing and Advertisement Fees
8.1 In order to post an Enhanced Directory Listing and/or Advertisement on the Website an Account will be created for you which will contain certain personal details. By authorising The Owner to create your account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by Holidays and Homes. Your Account details will be kept confidential and will not be revealed to any unauthorised third parties.
8.3 A fee will be charged for each Enhanced Directory Listing and Advertisement posted on your behalf on this Website. Directory Listing and Advertisement Fees are detailed on the website. Your will be billed at the time at which your Directory Listing or Advertisement goes live and thereafter until cancellation or termination.
8.4 Your first payment will be at the price advertised on the Website. The Owner reserves the right to change Directory Listing and Advertisement Fees from time to time and any such changes may affect your recurring Enhanced Directory Listing or Advertising Fees:
8.4.1 Increases and decreases in price will be reflected in your recurring Fees.
8.5 Multiple Directory Listings and Advertisements are permitted for each Account. Each additional Enhanced Directory Listing and Advertisement will incur an additional fee.
8.6 If you terminate a Directory Listing and/or Advertisement your Account, your Directory Listing(s) and/or Advertisement(s) will be removed at the end of the paid up period, or immediately if requested.
8.7 Directory Listings and Advertisements that The Owner rejects in accordance with sub-Clause 7.2 shall not be charged for.
9. Termination and/or Suspension
9.1 In the event that any of the provisions of sub-Clause 7.1, above, are not followed, The Owner reserves the right not to include your Listing or Advertisement and to revoke any access that may have been granted to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9.2 If The Owner terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. If you have multiple Directory Listings or Advertisements and not all are deleted, you will continue to be billed for those which remain active and will not be refunded for those which are deleted.
10.1 The Owner makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
10.2 Save for the screening and approval of Directory Listings and Advertisements, The Owner has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
10.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, The Owner makes no warranty or representation that this is the case and can make no guarantee of any specific results from the use of the services.
10.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
10.5 The Owner makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
10.6 Whilst every effort has been made to ensure that all descriptions of services described on www.littlehampton.info correspond to the actual services available, The Owner is not responsible for any variations from these descriptions.
10.7 Whilst The Owner exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10.8 If, as a result of The Owner’s failure to exercise reasonable care and skill, any digital content from the Website damages the User’s device or other digital content belonging to the User, if the User is a consumer, they may be entitled to certain legal remedies. For more details concerning consumer rights and remedies, Users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.
11. Availability of the Website and Modifications
11.1 The Owner accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.2 The Owner reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
12. Limitation of Liability
12.1 To the fullest extent permissible by law, The Owner accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
12.2 To the fullest extent permissible by law, The Owner excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
12.3 If the User is a commercial user, The Owner accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 The Owner exercises all reasonable skill and care to ensure that the Website is free from viruses, or other, malware. Subject to sub-Clause 11.8, the Owner accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
12.5 The Owner neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
12.6 Nothing in these Terms and Conditions excludes or restricts The Owner’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
12.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Owner.
16.1 All notices / communications shall be given to The Owner either by post to the address above or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day before 5pm and on the next business day if the email is sent on a weekend or public holiday.
16.2 The Owner may from time to time send you information about other products and/or services. If you do not wish to receive such information, please click on the “unsubscribe” link on the email.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between the User and The Owner (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and The Owner, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the User’s residency.
17.3 If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and The Owner, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales