Website Terms of Use

Terms of use

These Terms of Use govern the use of the of the http://www.theculturetrip.com/ website (the “Site”) and The Culture Trip mobile app (the “App”) by users of the Site and/or the App (each a “User”). The Site and the App are owned and operated by The Culture Trip Ltd (“The Culture Trip”, “we” or “us”).

The content of the Site and the App are provided by The Culture Trip, its Users and third party service providers, in accordance with these Terms of Use. The Site and the App made available to Users for information purposes only. Users should read these Terms of Use carefully before using the Site and the App. Use of the Site or the App is deemed acceptance of these Terms of Use; Users who do not accept these Terms of Use should refrain from using the Site and the App. If a User has, in The Culture Trip’s sole opinion, breached any of the provisions of these Terms of Use, we reserve the right to terminate that User’s entitlement to use the Site and/or the App for any and all purposes.

 

Access to the Site and the App

Access to each of the Site and the App is permitted on a temporary basis, and we reserve the right to withdraw or amend any services we provide via the Site or the App without notice. Subject to the section below entitled “Limitation of Liability”, we will not be liable in any way if, for any reason, the Site and/or the App are unavailable at any time or for any period. From time to time, we may restrict access to any or all parts of the Site and/or the App, at our sole and absolute discretion.

Users are responsible for making all arrangements necessary to gain access to the Site and the App respectively. Each User is also responsible for ensuring that all persons who access either the Site or the App through that User’s internet connection are aware of, and comply with, these Terms of Use.

 

Accounts and Password

All User identification details, passwords and other pieces of information provided as part of our security procedures must be treated as confidential and should not be disclosed it to any third party. We have the right to disable any User account or password, at any time, if in our sole and absolute opinion the User has failed to comply with any of the provisions of these Terms of Use. To notify us of any actual or suspected breach of the security of any portion of the Site or the App, contact us at info@theculturetrip.com

 

Conduct

Users must not:

-use the Site or the App in breach of any applicable laws or regulations;

-use the Site or the App to harm, abuse, harass, stalk, threaten or otherwise offend others;

-interfere with, disrupt, or create an undue burden on the Site or the App;

-upload, post, transmit or otherwise make available any material that:

  1. is not that User’s own original work, or may infringe the rights of any third party;
  2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  3. contains, in The Culture Trip’s sole and absolute opinion, large amounts of untargeted, unwanted, unsolicited or repetitive content; or
  4. contains financial, legal, medical or other professional advice.

To report any actual or suspected breaches of any of the above conditions, please contact us at info@theculturetrip.com

 

Intellectual Property Rights

‘The Culture Trip’ and the ‘The Culture Trip’ logo, and the names, logos, taglines and other marks identifying any The Culture Trip group companies (together, the “Trade Marks”), and all rights therein, are the property of The Culture Trip. Any other trade marks or service marks displayed on the Site or the App are the property of their respective owners. These Terms of Use do not grant Users the right to use any Trade Mark, or any service mark or logo appearing on the Site or the App for any purpose whatsoever.

All images, text, programs, and other materials and content made available via the Site or the App, and all Trade Marks (together, the “Materials”) are, or may be, protected by law. The Culture Trip is the owner or the licensee of all intellectual property rights in the Materials. All rights in the Materials are reserved. Except as expressly set out in these Terms of Use, Users are granted no rights in the Site, the App or any of the Materials.

Each User may, for his or her personal, non-commercial use only, download and print off one copy of any page(s) or sections from the Site and the App for personal reference and may draw the attention of others within his or her respective organisation to any Materials posted on, or made available through, the Site or the App. This permission is granted subject to the proviso that the User shall: (i) make no amendments, changes or additions to any of the Materials; (ii) keep all copyright notices and other proprietary notices intact and together with the Materials to which they relate; (iii) not use the Materials in a manner that suggests any association with any other persons, products, brands or services other than The Culture Trip; and (iv) not download the Materials to any database or other system that can be used to avoid future downloads via the Site or the App.

Except as set out in these Terms of Use, none of the Materials may be copied, reproduced, republished, transferred, downloaded, modified, transmitted, displayed, sold, distributed or licensed, by any means or otherwise exploited in any manner including, but not limited to, electronic, photocopying, mechanical, recording or otherwise, without the prior express written permission of The Culture Trip.

Any User who uploads, transmits, posts or otherwise makes available any Materials via the Site or the App thereby:

-warrants that he or she has complied with all requirements of these Terms of Use;

-grants The Culture Trip a non-exclusive, worldwide, royalty-free, irrevocable, perpetual licence to use, reproduce, edit and exploit those Materials in any form or format, and for any purposes; and

-unconditionally waives all moral rights in respect of those Materials.

Any User who uses the #theculturetrip hashtag or other Culture Trip-specific hashtags on Instagram, Twitter or in the context of any other social media campaign calling for image submissions, makes available any of those Materials via the Site or its associated social media channels. The User retains all copyright but allows The Culture Trip to use the Materials in question for editorial purposes, along with complete captions crediting the User for their work.

If we are notified in writing of any actual or alleged infringement of the intellectual property rights of any User, or any third party, we will promptly make corrections or remove the alleged infringing material if requested, to the extent necessary to comply with applicable law. To notify us of any accidental breach of copyright, contact us at info@theculturetrip.com

 

Reliance on Information

Opinions and Materials provided on the Site and/or the App should not be treated as, and are not intended to be, advice or recommendations on which reliance should be placed. The opinions and Materials on the Site and the App are not intended to be, and do not constitute, a communication, invitation or inducement to engage in any investment activity, or to otherwise deal in the shares of The Culture Trip Ltd, or any other company. Anyone contemplating any investment activity should not rely on any opinions or Materials made available via the Site and the App. Subject to the section below entitled “Limitation of Liability”, we disclaim all liability and responsibility arising from any reliance placed on such opinions and Materials, to the extent permitted by applicable law.

Although we make reasonable efforts to update the Materials provided via the Site and the App, we make no representations, warranties or guarantees, whether express or implied, that such Materials are accurate, complete or up-to-date. The Culture Trip bears no responsibility for the accuracy of such Materials, and undertakes no duty to update, amend or rectify publicly any forward-looking statements contained herein, in light of new information or future developments.

 

Indemnity

Each User (the “Indemnifying Party”) agrees to indemnify, defend and hold harmless The Culture Trip, its subsidiaries, officers, employees, agents, service providers and contractors (collectively, “The Culture Trip Indemnitees”) from and against any and all claims, losses, expenses, demands or liabilities (including any attorneys’ fees and costs), incurred by The Culture Trip Indemnitees arising out of: (i) any claim by a third party relating to the posting, distribution, modification or alteration by the Indemnifying Party of any Materials; or (ii) the Indemnifying Party’s use of the Site and the App in violation of these Terms of Use or in violation of any applicable law.

The Indemnifying Party agrees to cooperate with all reasonable requests from The Culture Trip in connection with the defence of any such claims. The Culture Trip Indemnitees reserve the right, at their sole discretion and cost, to assume the exclusive defence and control of any proceedings that would otherwise be subject to indemnification by the Indemnifying Party, and the Indemnifying Party shall not in any event settle any such claim or matter without the express prior written consent of The Culture Trip.

 

Limitation of Liability

The Site, the App, and any Materials, are each provided on an “as is” basis. Any and all use that Users make of the Site, the App, or any Materials, will be on the same “as is” basis, without any guarantees as to completeness, accuracy or timeliness and without warranties, except as specifically set out in these Terms of Use.

The Culture Trip does not warrant that the Site, the App, or any Materials, or any other websites or online resources that may be linked to through the Site or the App, will be accurate, compatible with any particular standards or equipment, free of defects, errors or potentially harmful components, or fit for any particular purpose.

To the maximum extent permitted by law, The Culture Trip hereby expressly excludes:

-all conditions, guarantees or warranties of any kind, express or implied; and

-any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, the App, or any Materials, or in connection with the use, inability to use, or results of the use of the Site, the App, or any Materials, any websites linked thereto and any materials posted thereon, or made available thereby, including, without limitation, any liability for:

  1. loss of profits or contracts;
  2. loss of anticipated savings;

-loss of business;

  1. loss of income or revenue;
  2. loss of, or damage to, data;
  3. loss of goodwill;

-wasted management or office time; and/or

-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 tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Users accessing the Site or the App from outside the United Kingdom are responsible for ensuring that any use they may make of the Site and the App is in compliance with all applicable laws and regulations. In the event that any use of the Site and the App is contrary to any applicable laws or regulations outside the United Kingdom, The Culture Trip expressly disclaims and excludes any and all liability howsoever arising and of whatsoever nature arising from or in connection with such laws or regulations.

Nothing in these Terms or Conditions excludes or limits The Culture Trip’s liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

Viruses, Hacking and Other Offences

Users must not :

-misuse the Site and the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

-gain, or attempt to gain, unauthorised access to any part of the Site or the App, any servers through which the Site and the App are provided, or any server, computer or database connected to the Site and the App; or

-attack the Site or the App via a denial-of-service attack or a distributed denial-of service attack or other malicious misuse of the Site or the App.

A breach of this provision may constitute a criminal offence under the Computer Misuse Act 1990 and other applicable laws. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the identity of any User suspected to have been involved in such activities, in accordance with the Privacy Policy.

Subject to the section above entitled “Limitation of Liability”, we will not be liable for any loss or damage caused by any form of denial-of-service attack, virus, worm, Trojan, logic bomb or other technologically harmful material that may infect any User’s computer equipment, computer programs, data or other proprietary material due to use of the Site or the App, or downloading of any Materials posted on the Site or the App, or on any website or other Materials provided through the Site or the App.

 

Privacy Statement

As described in these Terms of Use, the Site and the App are each made available to the general public by The Culture Trip, in accordance with the Privacy Policy.

 

Linking to the Site

Users may link to the Site’s home page, provided this is done in a fair and legal manner, and does not damage, diminish or take any unfair advantage of The Culture Trip’s reputation. The Site must not be ‘framed’ on or within any other website.

 

Links from the Site and the App

Where either the Site or the App contains links to other websites and resources provided by third parties, these links are provided for information purposes only. The Culture Trip has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from any use of them.

The inclusion on the Site or the App of any links to third party websites or content is not an indication that The Culture Trip endorses or approves of those third party sites or content. Subject to the section above entitled “Limitation of Liability”, we accept no liability of any kind for any information, products or services provided in or through any third party websites or content.

 

Jurisdiction And Applicable Law

The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, these Terms of Use any use of the Site, the App and/or any Materials.

These Terms of Use and any dispute or claim arising out of or in connection with them, or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

 

Amendments to these Terms of Use

The Culture Trip reserves the right to revise, remove or modify these Terms of Use at any time and for any reason, by amending this page. The provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site or the App, as applicable. All such revisions, removals and modifications shall be binding upon all Users, from the date on which they are made, in relation to the use of the Site and the App by those Users. Users should review these Terms of Use regularly, in order to familiarise themselves with any revisions that may have been made.

 

General

These Terms of Use contain the entire understanding and agreement between The Culture Trip and the User, in relation to the User’s use of the Site and the App. These Terms of Use supersede and replace any previous agreement, statement or other communication (whether written or otherwise) made by the User or The Culture Trip which is not contained herein.

Should any portion of these Terms of Use for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, that portion shall be deemed to be deleted without affecting the remaining portions.

 

Questions, Comments and Concerns

To raise any questions, comments or concerns about these Terms of Use, the Site or the App, please contact us at info@theculturetrip.com

 

Last updated: 1 December 2015