British History Breaks

Website Terms and Conditions

(1)      Introduction

1.1 These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.2 If you use, subscribe or contribute to our website, we may ask you to expressly agree to these terms and conditions.

1.3 You must be at least 12 years of age to use our website. By using our website and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 12 years of age.

1.4 Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policy (which can be found at www.britishhistorybreaks.com).

1.5 British History Breaks may modify these terms and conditions from time to time.  Continued use of our website by you will constitute your acceptance of any changes or revisions to the terms and conditions, so it is wise to check this page regularly.

1.6 We may suspended or terminate your subscription or access to our website, without notice, in addition to our other remedies if you fail to follow these terms and conditions.

(2)      Licence to use website

2.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

2.2 You may view, download for caching purposes only, and print pages from the website, subject to the restrictions set out below and elsewhere in these terms and conditions.

2.3 You may only use the website for your own personal or business purposes. You must not use the website for any other commercial purpose.

2.4 You must not edit or otherwise modify any material on the website.

2.5 Unless you own or control the relevant rights in the material, you must not:

(a)      re-publish material from the website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)      reproduce, duplicate, copy or otherwise exploit material from the website for a commercial purpose; or

(e)      redistribute material from the website, except for content specifically and expressly made available for redistribution (such as our newsletter).

2.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

(3)      Acceptable use

3.1 You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website;

(g)      use data collected from our website to contact individuals or companies or other organisations for any other reason than to express interest in their services or book a stay

(h)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2 You must ensure that all the information you supply to us through the website, or in relation to the website, is true, accurate, current and non-misleading.

(4)      Subscription

4.1 If you subscribe for our regular updates you will be asked to enter your full name and country of origin.

4.2 You must not impersonate any other person or be liable to mislead, and must comply with the content rules set out in Section [6] below.

4.3 We may unsubscribe you from our regular updates at any time in our sole discretion without notice or explanation.

(5)      Our Content

5.1 We publish stories, narratives, user reviews and comments on this website.

5.2 Some content may be written by independent third parties, whose views may not necessarily reflect our views and opinions.

5.3 Third party content must comply with the content rules set out in Section [6] below.

5.4 You acknowledge that we may publish and otherwise use, in conjunction with your content, the name you provide in relation to the content you provide. However, we shall have no obligation to do so.

5.5 Guestbook reviews published on the website may be out of date, biased, partial, misleading or inaccurate. Accordingly, you should not rely upon reviews published on this website to make purchasing decisions, and you should conduct your own research before making purchasing decisions.

(6)      Your content

6.1 In these terms and conditions, "your content" means all materials (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, or that you submit to us for publication on our website.

6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website.

6.3 Youarrant and represent that your content will comply with these terms and conditions.

6.4 Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).

6.5 Your content (and its publication on our website) must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy, or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of a criminal activity];

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence in an explicit, graphic or gratuitous manner;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

(r)      cause annoyance, inconvenience or needless anxiety to any person.

6.6 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

6.7 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

6.8 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

6.9 We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published on our website.

6.10 If you become aware of any material on our website that violates or appears to violate these terms and conditions, please notify us promptly by writing to info@britishhistorybreaks.com.

6.11 Notwithstanding our rights under these terms and conditions in relation to your content, we do not systematically monitor the submission of content to this website, or the publication of content on this website

(7)           Subscription

7.1 If you subscribe to our newsletter we may ask you to expressly agree to these Terms and Conditions.

7.2 We may collect, store and use personal information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters including name, gender, date of birth, region of residency and email address.

7.3 We may suspend or cancel our newsletter at any time in our sole discretion without notice or explanation.

(8)      Limited warranties

8.1 You acknowledge that some reviews and some of the other information published on this website are submitted by users, and although we endeavour to verify and approve all content before it is published, there may be times when we do not review, approve or edit such information.

8.2 We do not warrant the completeness or accuracy of the reviews and other information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

8.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation.

(9)      Limitations and exclusions of liability

9.1 The information on the website is provided free of charge and we will not be liable for any loss or damage of any nature arising out of any event that takes place beyond our reasonable control.

9.2 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.3 We will not be liable to you in respect of any loss or corruption of any data, database or software.

9.4 We will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.

9.5 You agree to the publication of comments, views and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(10)    Indemnity

10.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a)      any breach by you of any provision of these terms and conditions or any claim that you have breached any provision of these terms and conditions; or

(b)      your use of our website.

(11)    Breaches of these terms and conditions

11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)        send you one or more formal warnings;

(b)        block computers using your IP address from accessing the website;

(c)        contact your internet services provider and request that they block your access to the website;

(d)        bring court proceedings against you for breach of contract or otherwise;

(e)        delete and/or edit any or all of your content

11.2 Where we prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(12)    Third party websites

12.1 Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(13)    Trade marks

13.1 Our logo is a trade mark belonging to us. We give no permission for the use of this trade mark, and such use may constitute an infringement of our rights.

13.2 The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(14)    Competitions

14.1 From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (which we will make available to you as appropriate)

(15)         Merchant links

15.1 Our website includes links to third party merchant websites selling goods and/or services.  We may earn an affiliate fee from a merchant if you click on that merchant’s link on our website and subsequently make a purchase on the merchant’s website.

15.2 The merchant links are not recommendations.

15.3 You acknowledge that:

(a)       we do not vet third party merchants;

(b)       we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants, the security of third party merchant websites, or the accuracy of the information published on third party merchant websites;

(c)       we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant (transactions carried out with specified third party will be governed by the third party’s standard terms and conditions which may be found on their sites before you transact);

(d)       our website contains information supplied by third party merchants, and we do not check, audit or monitor the accuracy of that information; and accordingly we will not be liable to you in relation to any loss or damage arising out of any third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract between you and a third party merchant.

15.4 Furthermore, we are not responsible for the enforcement of any obligations arising out of a contract between you and a third party merchant, and we will have no obligation to mediate between the parties to any such contract.

15.5 Any third party web site that links to our website must not:

(a)            create a frame or any other browser or border environment around the content of our website;

(b)            imply that British History Breaks is endorsing it or its products or services;

(c)             use any British History Breaks trade mark displayed on our website without permission from Eve’s Watch;

(d)            infringe any intellectual property or other right of any person; and/or

(e)            be a website that contains content that could be construed as distasteful, offensive or controversial.

15.6 British History Breaks expressly reserves the right to request that any link in breach of these Terms and Conditions be removed and to take whatever other action it deems appropriate.

15.7 The provisions of this Section 14 are subject to Section 10.1.

(16)    Variation

16.1 We may revise these terms and conditions from time to time.

16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website. You hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

(17)    Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(18)    Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(19)    Privacy

19.1 The information that you provide about yourself to British History Breaks will only be used in accordance with British History Breaks privacy policy.

19.2 British History Breaks may from time to time invite you to provide personal information in order to provide you with services such as newsletters and competitions. In order to deliver such services, British History Breaks will need to process and store your personal information and may need to transfer it to affiliates and service providers for processing.

19.3 British History Breaks and our sponsors / promoters may use your details to let you know about other products and services which we think would be of interest to you. Occasionally, we may also pass your details to selected companies. This will only be done with your permission so we advise you to check the tick boxes on the relevant form carefully.

19.4 Eve’s Watch is registered as a data controller in accordance with the UK Data Protection Act 1998.

19.7 If you have any queries about British History Breaks Privacy Policy please email us at info@britishhistorybreaks.com

19.8 If you request details of the information we hold about you, we are entitled by law to charge a fee of £10 to meet our costs. We are also legally obliged to ask you to provide us with identification so that we can be certain that you are entitled to receive the requested data.

(20)    Exclusion of third party rights

20.1 These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(21)    Entire agreement

21.1 Subject to the first paragraph of Section [8], these terms and conditions, together with our Data Protection Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(22)    Law and jurisdiction

22.1 These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

(23)    Registrations and authorisations

23.1 History Breaks Ltd is registered with the Information Commissioner's Office under registration reference: ZA013506

(24)    Our details

24.1 This website is owned and operated by History Breaks Ltd.

24.2 We are registered in England and Wales under registration number 8596812.

24.3 Our registered address is available upon request.

24.4 You can contact us by email to info@britishhistorybreaks.com.

British History Breaks Website Terms and Conditions December 2013