Terms & Conditions
TERMS OF WEBSITE USE
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 email@example.com, or seek independent legal advice.
INFORMATION ABOUT US
www.visitbirmingham.com is a website operated by Marketing Birmingham Limited ("We"). We are registered in England and Wales under company number 01631329 and have our registered office at Baskerville House, 2 Centenary Square, Birmingham B1 2ND.
ACCESSING OUR SITE
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 (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or our entire Site.
You are responsible for making all arrangements necessary for you to have access to our Site. 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.
On the Site we provide a number of services 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 Site but you are not permitted to enter into transactions using this service.
INTELLECTUAL PROPERTY RIGHTS
All content published on this Site, including text, graphics, logos, icons and images (together, the ‘Content’) and the arrangement and compilation of the Content and any databases (‘Compilation’) 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, Compilations 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.
Noting 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.
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.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
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.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Site (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Please note that use of the Site or the services on it for the purposes which are not expressly permitted by these terms and conditions are expressly prohibited, 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 Site 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 and products, services, software, source code or information obtained from or through this Site including text, graphics, logos, icons and images without express written permission from Marketing Birmingham save for where specifically permitted within these terms.
These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these terms through your use of our Site. When a breach of these terms has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
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 liabilities 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 Site 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 right.
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.
OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
This Disclaimer is incorporated into and forms part of our Site terms and conditions. References to ‘you’, ‘your’, ‘Tourism Establishments’, ‘Site’, ‘Software’, ‘Personal Information’ and ‘Financial Information’ have the meanings given in these 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 Site unless it cannot be independently verified;
- that the Site 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 Site (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 Site (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 Site (because the Site is provided free of charge);
- as to the operation, functionality or accessibility of the Site;
- the Site or the Service will meet your requirements;
- that the Site 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 Site 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 Site 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 Site 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 Site services.
We will not be responsible for the computer equipment or telephone services which you use to access the Site.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
DEALING WITH TOURISM ESTABLISHMENTS
We provide materials about third parties including Tourism Establishments 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 Site please notify us and the relevant Tourism Establishment.
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 Site 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 Marketing Birmingham when a booking is accepted.
We are not in any way responsible for any transaction conducted between you and any third party featured on the Site. 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 Establishments 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 firstname.lastname@example.org 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.
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our Site will be considered non-confidential and non-proprietary, 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.
VIRUSES, HACKING AND OTHER OFFENCES
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.
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 co-operate 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.
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 it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our content standards.
If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com
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.
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.
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 firstname.lastname@example.org. 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.
If you have any concerns about material which appears on our Site, please contact our support team by email at email@example.com.
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