Any use by you of this Website is governed by these terms and conditions. Please read them carefully. The Disclaimer forms part of them. 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.
If you are under 18 years of age you cannot enter into transactions using this Website. See condition 3 below.
We may restrict your use of this Website. See condition 1 below.
These terms and conditions impose obligations on you, give you liabilities to us and affect our liability to you. See condition 8 and the Disclaimer.
Before using the Website please read our Privacy Statement. It tells you what information we collect from you via the Website, how it is collected, and what we use the information for. You can control what information we collect from you and you must read our Privacy Statement to understand how.
If you do not agree to be legally bound by all the these terms and conditions please do not access and/or use the Website.
1. CONTRACT BETWEEN YOU AND US; TERM AND TERMINATION
Marketing Birmingham Limited (‘we’, ‘us’, ‘our’) offer this website (‘the Website’) and the service described in condition 3 below (‘the Service’) for the convenience of us and users of the Website (‘you’, ‘your’). We can suspend or terminate your permission to use them, or bar you from using them, with immediate effect, at any time and for any reason and without giving any reason.
We may restrict access to the Website or any part of it so that only registered users are permitted to access or use it. We may refuse any request by you to register you for access.
We may change our terms and conditions or change or stop offering the Website and/or the Service at any time, for any reason. The terms and conditions that apply are the ones published on the Website at the time when you use it. It is your responsibility to make sure that you are aware of any amendments to these terms and conditions.
If we let you view any part of the Website, that constitutes payment by us so that a contract is formed between you and us. The contract is formed under English law and on these term and conditions and the Disclaimer published on the Website. You also agree that the contract will be governed and interpreted in accordance with English law.
The contract will take effect immediately on your first use of the Website and will continue in force from month to month until such time as it is terminated by you in writing or by us in writing or by us stopping the Website.
2. LICENCE TO USE THE WEBSITE AND SERVICE
Your permission to use the Website and the Service is restricted and subject to conditions.
You may use the webpages (and their content) and functions of this Website that we make available to you, for viewing or printing the webpages using a browser. If you use any part or aspect of this Website, you agree to comply with our on-screen instructions on the Website including the acceptable use terms set out in condition 6 below and all the other terms and conditions set out below.
You may use the Service by viewing or printing the relevant webpages (and their content) and providing information to us via those webpages using a browser. You only have to comply with conditions [3, 5 and 9] below if you use the Service.
You may not use the Website or the computers or software by which it is published on the internet (‘Systems’) in any other way, or for any other purpose.
3. THE SERVICE
On the Website we provide a service 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 Website but you are not permitted to enter into transactions using the Service.
4. YOUR OBLIGATIONS – ACCURACY OF INFORMATION
If you access this Website from outside the UK, we do not represent or warrant that this Website or your accessing it complies with the laws of your country of access. It is your responsibility to comply with the laws of your country of access.
5. PROCESSING ORDERS MADE USING THE SERVICE
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 Website 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 MB when you make a booking which is accepted.
Where a contract is made between you and a Tourism Establishment, MB will to pass on your Personal Information and Financial Information (as those terms are defined in our Privacy Statement) to that Tourism Establishment and by placing an order using our Website you accept and consent to the passing on of your details.
6. ACCEPTABLE USE OF THE WEBSITE
Please note that use of the Website or the Service for purposes which are not expressly permitted by these terms and conditions are expressly prohibitied, 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 Website 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 any products, services, software, source code or information obtained from or through this web site including text, graphics, logos, icons and images without express written permission from MB save for where specifically permitted within these Terms.
- only use the Website for lawful purposes and in a manner which does not infringe the rights of, restrict or inhibit anyone
- else’s use of the Website;
- use reasonable skill and care in using the Website;
- notify any breach of these Terms to the us immediately;
- identify yourself in the appropriate manner and accurately when using the Website;
You shall not:
- copy, reproduce, republish, download, post, broadcast, transmit, distribute, store or otherwise use the Website or its content or any portion of the Service in any way except for your own personal, non-commercial use;
- use the Website or its content in any other way without our prior written permission;
- create, circulate, distribute or store or make any:
- material which would not reasonably be expected to be included in association with the Services;
- viruses, worms or other deliberately destructive code; or
- material anonymously or by use of a pseudonym;
- do anything which causes damage to or disrupts or interferes with the Website or the Service, or any server or network connected to it;
- circumvent or attempt to circumvent our security systems or our virus checking procedures or do anything which may prevent them from functioning correctly;
- contravene any applicable laws or regulations;
- infringe the rights of third parties, including copyright or other intellectual property rights or data protection rights by, for example, collecting or storing personal data about other users of the Service or the Website.
You understand that the technical processing and transmission of the Website, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the interests of all our users, we will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.
7. OWNERSHIP AND USE OF PROPRIETARY RIGHTS
All the Website including the content published on it (other than any content on the Website provided by Tourism Establishments), , including text, graphics, logos, icons, images (together, the ‘Content’) and the arrangement and compilation of the Content and any databases (‘Compilations’), 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, Compiliations 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. Nothing 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.
Any use of such intellectual property rights, software or code or any reproduction of the Website content is strictly prohibited except where expressly allowed under these terms and conditions.
Any requests for permission to use the Content in a manner otherwise than permitted by these terms and conditions should be notified to us.
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 liability 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 Website or the Service 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 rights.
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.
9. DEALINGS WITH TOURISM ESTABLISHMENTS
The Service [exclusively] contains material, details of suppliers of goods and services and other advertising and sponsorship, which originates from third parties including Tourism Establishments. We provide such materials 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 Website please notify us and the relevant Tourism Establishment.
We are not in any way responsible for any transaction conducted between you and any third party featured on the Website. 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 Establishment 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.
10. THIRD PARTY LINKS AND LINKING IN
We may provide hyperlinks to other Internet sites. We are not responsible for the availability of such other sites and MB does not endorse, and is not responsible or liable for any content, products or other materials available on such other sites.
You may include a link to our homepage, www.visitbirmingham.com, in any website that you control. You may not make any link to any other webpage forming part of the Website, or otherwise use or link to any other part of the System, except as expressly permitted in these terms and conditions or otherwise with our prior written consent, which may be subject to conditions and fees.
11. LIMITATION OF LIABILITIES
Our liability is limited as set out in the Disclaimer.
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 email@example.com 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.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
Nothing in these Terms shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999. manner in which we perform this Agreement.
This Disclaimer is incorporated into and forms part of our website terms and conditions. References to ‘you’, ‘your’, ‘Tourism Establishments’, ‘Website’, ‘Software’, ‘Personal Information’ and ‘Financial Information’ have the meanings given in the website 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 Website unless it cannot be independently verified;
- that the Website 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 Website (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 Website (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 Website (because the Website is provided free of charge);
- as to the operation, functionality or accessibility of the Website;
- the Website or the Service will meet your requirements;
- that the Website 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 Website 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 website 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 Website 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 website services.
We will not be responsible for the computer equipment or telephone services which you use to access the Website.
No other warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied or otherwise (if any) arising out of or in connection with the use of (or inability to use) the Website or any material on the Website or any action or decision taken as a result of using the Website or any material on it are given, and those that are statutory are excluded to the fullest extent permitted by the law.
We will only be liable for any loss or damage which you suffer from your use of the Website which results directly from our breach of any contract formed between you and us on the terms of our website terms and conditions or from our negligence and which loss or damage was foreseeable (i.e. it was obvious) to you and us at the time of entering into the contract. Where your use of this Website is for business purposes we will not be liable for any loss of business, profits, contracts, goodwill and/or any other economic loss, or for any indirect or consequential loss or damage at all.
Any liability of Marketing Birmingham Limited to you shall be limited in respect of any one incident or a series of two or more connected incidents to an amount equal to £5,000.
Any claim for loss or damage caused by us which you wish to make must be notified to us as soon as practicable after the loss or damage is discovered. In the event of any claim against us by a third party resulting from use of the Website by you in non-compliance with our website terms and conditions, you will be responsible for all of our losses, damages and reasonable costs and expenses. In the event of a third party claim against us, you agree that you will:
- not settle the matter without our agreement;
- give us full authority to conduct the matter, including as to defending or settling the matter; and
- give us all reasonable assistance which we require from you in relation to the matter.
The above exclusions and limitations shall not, however, operate so as to limit our liability in respect of death or personal injury arising from our negligence or that of our employees or agents.
Except as expressly stated, nothing in this Disclaimer and the terms and conditions of which it forms part will reduce your statutory rights (if any) relating to the manner in which we provide the Website or the Services.