Britain's Finest Terms & Conditions
TERMS & CONDITIONS
1) TERMS OF WEBSITE USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website britainsfinest.co.uk (“our site”). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
britainsfinest.co.uk is a site operated by Tomorrow’s Guides Limited (“We”). We are registered in England and Wales under company number 02889550 and have our registered office at Unit 4 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY. Our VAT number is 757248207.
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, to users who have registered with us. If you choose, or you are provided with, a user identification code, 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. 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.
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.
Prohibited uses
In accessing any part of our site, you agree:
• not to use our site in such a way that disrupts, interferes with or restricts the use of our site by other users;
• not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our site; and
• not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third party user of our site.
Material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved and users must seek our permission before making any other use of material contained in our site.
User recommendations
Our site allows users and third parties to post reviews of accomodation, attraction and restaurant experiences (or other content, messages, materials, or other items) on our site (“User Recommendation”). Our site is fully moderated and every User Recommendation will be checked by us for compliance with these terms and the Content Standards below, before it is published. We will try to publish as many User Recommendations as we can but cannot guarantee that all User Recommendations will be published. We also cannot guarantee how quickly User Recommendations will be posted on our site.
Although our site is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate our site or any other service we provide on our site and we may stop moderating our site at any time. We reserve the right to remove, or disable access to, any User Recommendation which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights or these terms.
Please also note that the Content Standards apply in full to each part of a User Recommendation, as well as to its whole. In providing a User Recommendation, you must ensure that your User Recommendation does not infringe any copyright, database right or trademark of any other person. By submitting a User Recommendation to our site, you agree to grant us a non-exclusive licence to use that User Recommendation. Although you will still own the copyright in your User Recommendation, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your User Recommendation. The right to edit and alter the user recommendation will be exercised in order to correct typographical mistakes, ensure that the user recommendation complies with the relevant law and to protect the privacy of individuals. This licence will be free of charge, perpetual and capable of sub-licence. You further grant us the right to pursue at law any person or entity that violates your or Tomorrows Guides' rights in the User Recommendations by a breach of these terms.
By submitting a User Recommendation, you are warranting that you have the right to grant the licence above.
Any User Recommendations will be subject to the indemnity contained in the Intellectual Property Rights section below.
Content Standards
These Content Standards apply to any content or reviews (including, without limitation, the User Recommendations) posted on our site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, such postings breach the Content Standards.
Any postings on our site must:
• Be accurate (where it states facts)
• Be genuinely held (where it states opinion)
• Comply with the laws applicable in England and Wales and in any country from which it is posted
• Be relevant.
A posting on our site must not:
• Be defamatory of any person
• Be obscene, offensive, hateful or inflammatory
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
• Infringe any copyright, database right or trade mark of any other person
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Be in contempt of court
• Be likely to harass, upset, embarrass, alarm or annoy any other person
• Impersonate any person, or misrepresent your identity or affiliation with any person
• Give the impression that the Contribution emanates from us if this is not the case
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
• Contain any advertising or promote any services or web links to other sites.
Intellectual property rights
We are the owner of all intellectual property rights in the material and data on our site, subject to the intellectual property rights in the User Recommendations (see above).
Such rights include, but are not limited to:
(a) unregistered trade mark rights protecting our business and trading names;
(b) database rights protecting the data published on our site or on our maps;
(c) copyright and design rights in the text and graphics on our site and on our maps; and
(d) copyright in the software used on our site other than that licensed to us.
You must only use the materials and/or data on our site for personal and non-commercial purposes and in accordance with the terms below.
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 within your organisation 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.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
We expressly prohibit any third party from gathering, extracting, reproducing and/or displaying any material or data on or from our site, regardless of how such material or data is obtained (eg by the use of spiders or other ‘screen scraping’ software or system used to extract data) or the reason it is obtained. If you print off, copy or download any part of our site or use the data on 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, and delete the data from any medium in your possession, custody or control. You may also be exposed to a possible claim for damages for breach of intellectual property rights and/or contract. We expressly reserve all rights in this regard.
You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to your User Recommendation, your use of our site or your breach of the provisions of these terms.
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.
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.
Our liability
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:
1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2 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:
2.1 loss of income or revenue;
2.2 loss of business;
2.3 loss of profits or contracts;
2.4 loss of anticipated savings;
2.5 loss of data;
2.6 loss of goodwill;
2.7 wasted management or office time; and
2.8 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
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of maps formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
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.
If you wish to make any use of material on our site other than that set out above, please address your request to info@britainsfinest.co.uk.
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. 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.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact info@britainsfinest.co.uk.
Thank you for visiting our site.
2) PRIVACY POLICY
Tomorrow’s Guides Limited (“We”) are committed to protecting and respecting your privacy.
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Tomorrow’s Guides Limited of Unit 4 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site britainsfinest.co.uk (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email info@britainsfinest.co.uk and your entry will be removed.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Tomorrow’s Guides Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Tomorrow’s Guides Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@britainsfinest.co.uk.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@britainsfinest.co.uk.
3) TERMS AND CONDITIONS OF SUPPLY OF MAPS
Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the maps (“Products”) listed on our website britainsfinest.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1 Information about us britainsfinest.co.uk is a site operated by Tomorrow’s Guides Limited (“we”). We are registered in England and Wales under company number 02889550 and with our registered office at Unit 4 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY. Our VAT number is 757248207.
2 Your status
By placing an order through our site, you warrant that: 2.1 You are legally capable of entering into binding contracts; and 2.2 You are at least 18 years old.
3 How the contract is formed between you and us
“Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we send you confirmation that the Product has been dispatched (“Dispatch Confirmation”). Dispatch Confirmations are not sent in certain circumstances and in respect of certain Products. Where no Dispatch Confirmations are sent then the Contract will be formed when we dispatch the Product to you.”The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4 Consumer rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5 Risk and title
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6 Price and payment
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out on our site.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit or debit card. Please note that we do not accept payment by American Express. We will not charge your credit or debit card until we despatch your order.
7 Our refunds policy
When you return a Product to us:
7.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
7.2 for any other reason (for instance, because you have notified us in accordance with clause 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us;
7.3 we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8 Our liability
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 This does not include or limit in any way our liability:
8.3.1 for death or personal injury caused by our negligence;
8.3.2 under section 2(3) of the Consumer Protection Act 1987;
8.3.3 for fraud or fraudulent misrepresentation; or
8.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage , including but not limited to:
8.4.1 loss of income or revenue;
8.4.2 loss of business;
8.4.3 loss of profits or contracts;
8.4.4 loss of anticipated savings;
8.4.5 loss of data;
8.4.6 loss of data, or
8.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by clauses 8.4.1 to 8.4.7.
9 Import duty
9.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11 Notices
All notices given by you to us must be given to Tomorrow’s Guides Limited at info@britainsfinest.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12 Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13 Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks;
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14 Waiver
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
15 Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16 Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it) neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
16.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
16.4 Nothing in this clause shall limit or exclude any liability for fraud.
17 Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18 Law and jurisdiction
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
4) TERMS & CONDITIONS OF ADVERTISING
Terms and definitions
These terms shall apply in addition to all other terms and conditions on this site. In the event of a conflict arising out of these terms and any others on the site, the provisions of these terms shall prevail.
For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Banner Advertisements and Web Listings on britainsfinest.co.uk and Map Listings on the Britain's Finest Series of Maps.
Tomorrow’s Guides accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
Formats
Britainsfinest.co.uk
a) Banner Advertisements
The size of Banner Advertisements will be agreed in advance in writing by both the Advertiser and Tomorrow’s Guides.
The dimensions of Banner Advertisements are as follows: - top banner: 460 x 68 pixels - side wide skyscraper: 160 x 600 pixels The maximum size of all Banner Advertisements is 100kb and all Banner Advertisements should be supplied in JPEG or GIF format.
b) Web Listings
The Advertiser’s listing can include 3 photos, a 150 word description, facilities and services, general info, a video and recommendations.
Photos and logos should be supplied in JPEG format.
Tomorrow’s Guides reserves the right at any time to change the format of a Web Listing.
Britain's Finest Maps
The Map Listing includes a photo, a brief description, facility info, address and telephone number.
All photos sent in should be in the form of Hi-Res CMYK JPEGs.
Tomorrow’s Guides reserves the right at any time to change the format of a Map Listing.
Duration of agreements
Britainsfinest.co.uk
The start date and duration of Banner Advertisements and Web Listings will be agreed by both Advertiser and Tomorrow’s Guides and to be confirmed via email correspondence between Tomorrow’s Guides and Advertiser. The duration of the agreement will be for 1 year unless otherwise agreed.
Britain's Finest Maps
Britain's Finest Maps are published annually and any Listings booked will be in the upcoming publication, unless otherwise agreed in writing by both parties.
Britainsfinest.co.uk & Britain's Finest Maps
Without limiting its other rights or remedies, Tomorrow's Guides may terminate these terms at any time by giving to the Advertiser no less than one (1) months' prior written notice. On termination of these terms:
(a) the Advertiser will, where applicable, immediately pay to Tomorrow's Guides any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Content, display, placement and links
The Advertiser will ensure any Advertisements it wishes Tomorrow’s Guides to use will be delivered to Tomorrow’s Guides in a timely manner and in any event on or before such date as Tomorrow's Guides may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to Tomorrow's Guides.
Where Tomorrow’s Guides considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.
The Advertiser represents, warrants and undertakes to Tomorrow’s Guides that:
(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights).
Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Tomorrow’s Guides and the Advertiser will compensate Tomorrow’s Guides for any claim made by such advertiser against Tomorrow’s Guides.
The placement of Banner Advertisements on will be agreed in advance in writing by both the Advertiser and Tomorrow’s Guides.
Banner Advertisements will link to the listing page of the Advertiser, unless otherwise agreed. If it is agreed that the Banner Advertisements should link direct to the Advertisers website, the link of the Banner Advertisement will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics.
For Web Listings, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics.
Fees and payment
The prices for the Advertisements will be set out in the quotation provided by Tomorrow's Guides, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.
All Advertisements will be invoiced on date of agreement, unless otherwise agreed.
All invoices are payable within 30 days from the date of invoice and time for payment is of the essence.
Tomorrow’s Guides may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.
Without limiting any other right or remedy of Tomorrow’s Guides, if the Advertiser fails to make any payment due to Tomorrow’s Guides under these terms by the due date for payment, Tomorrow’s Guides shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of a Banner Advertisement or Web Listing.
Rights
Notwithstanding the other terms and conditions on Tomorrow’s Guides' site, the Advertiser acknowledges and agrees that Tomorrow's Guides owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf.
The Advertiser grants to Tomorrow’s Guide a non-exclusive, royalty-free, irrevocable licence to:
(a) use the Advertiser’s names, trade marks and/or logos as Tomorrow's Guides may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements in any media at any time.
Non Exclusivity
All agreements are non-exclusive, meaning Tomorrow’s Guides may have Advertisements from several parties appearing on its site and in the Britain's Finest Maps at the same time.
Service interruptions
Tomorrow’s Guides will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Truth in advertising / indemnification for liability
The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti discrimination law or regulation, or any other right of any person or entity.
The Advertiser agrees to indemnify Tomorrow’s Guides and to hold Tomorrow’s Guides, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Tomorrow’s Guides, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.
Tomorrow’s liability for losses suffered by the Advertiser as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to the price paid for the Advertisements.
To the fullest extent permitted by law, Tomorrow’s Guides expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) 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.
This does not affect Tomorrow’s Guides’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Severability
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing law
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.
5) TERMS & CONDITIONS OF COMPETITION
1. This prize draw is not open to employees, agents or families of employees/agents of Tomorrow’s Guides Ltd or the organisation providing the competition.
2. Details of how to enter form part of the terms and conditions. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. The decision of the judges is final and no correspondence will be entered into.
3. Entries must be submitted via the Britain’s Finest website, apps or social media pages. Late, illegible, incomplete, defaced or corrupt entries sent through agencies and third parties will not be accepted. No responsibility can be accepted for lost entries.
4. The winner will be randomly drawn from all entries submitted by the closing date.
5. The details of the Prize can be found on the competition page on the britainsfinest.co.uk. The Prize does not include travel, personal expenditure, or incidental costs other than where mentioned.
6. The prize must be taken by in accordance with the dates specified on the competition page on britainsfinest.co.uk.
7. All elements of the prize are subject to availability, non transferable and there are no cash alternatives.
8. The winner’s name may be announced on Britain’s Finest website, apps or social media pages.
9. Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond the control of the promoter and accordingly the promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the promoter as a result thereof.
10. Britain’s Finest (Tomorrow’s Guides) is responsible for the first part of the promotion, which is the publication and adjudication of the prize draw. All other facilities connected with the provision of the prize are responsibility of the organisation providing the competition.
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