TERMS of Use
The following agreement, together with the Caravan Club Privacy
Policy referred to within this agreement sets out the terms of use
on which You make use of the Online Community at http://www.caravanclub.co.uk/clubtogether
(which term shall include all pages, services and facilities
offered through Club Together). Please read this Agreement
carefully before You register to use the Online Community. By
registering for Online Community, You indicate that You accept and
agree to abide by this Agreement.
Information about Us
The website and Online Community is owned and operated by The
Caravan Club Limited, company number 646027, registered office is
East Grinstead House, London Road, East Grinstead, West Sussex,
RH19 1UA, United Kingdom ('The Caravan Club'). In these terms and
conditions, "we" "us" and "our" mean The Caravan Club.
1 Use of the Online Community and the Contract Between Us
1.1 In this Agreement the term "You" means the individual
completing the registration process to become a registered user of
the Online Community and 'Your' shall be construed accordingly.
1.2 You agree to use the Online Community only in accordance
with this Agreement and all applicable laws.
1.3 The offer by the Caravan Club to provide the Club Together
on-line resource and Your acceptance of that offer by registering
to use the Online Community brings into existence a legally binding
contract between us.
1.4 This Agreement is a contract for the provision of
information and services and nothing in this Agreement shall create
or be deemed to create a legal partnership or the relationship of
agent and principal or the relationship of employer and employee
between You and the Caravan Club.
1.5 We may from time to time produce guidelines relating to Your
use of the Online Community, and publish such guidelines on the
Online Community. You agree to read and, where applicable, follow
those guidelines.
1.6 Unless otherwise specified there is no fee for using the
Online Community.
2 Obligations of the Caravan Club
2.1 The Caravan Club shall provide the Club Together online
resources to those who register as users of the Online Community
and, where possible, moderate the content of information added to
the Online Community by You and other third parties.
2.2 The information and services shall be provided free of
charge but the Caravan Club reserves the right to charge for access
to certain information and services in its absolute discretion.
3 Permitted Use
3.1 You may use the Online Community for lawful purposes
only.
3.2 You:
3.2.1 warrant that You are 18 years
old or over; and
3.2.2 warrant that You shall not
register with the Online Community more than once.
3.3 You agree that we (or any webmaster, administrator and
moderators of the Online Community appointed by us) have the right
to remove, delete, edit, move or close any item or activity on the
Online Community at any time should we or they see fit.
3.4 You agree to any information You have provided to us being
stored in a searchable database.
3.5 You agree to the terms of the disclaimer as stated at Clause
10 of this Agreement.
3.6 You may use the information available on the Online
Community as a resource only in accordance with this Agreement.
4 Prohibited Use
4.1 You may not use the Online Community:
4.1.1 in any way that breaches any
applicable local, national or international law or regulation;
4.1.2 in any way that is unlawful or
fraudulent, or has any unlawful or fraudulent purpose or
effect;
4.1.3 for the purpose of harming or
attempting to harm minors in any way.
4.2 You agree that You shall not:
4.2.1 reproduce, duplicate, copy or
sell any part of the Online Community in contravention of this
Agreement;
4.2.2 access without authority,
interfere with, damage or disrupt:
4.2.2.1 any part of the Online
Community;
4.2.2.2 any equipment or network on
which the Online Community is stored;
4.2.2.3 any software used in the
provision of the Online Community;
4.2.3 collect and store information
about other users of the Online Community.
5 Content You contribute
5.1 You agree that You shall abide by the contents standard as
set out in this Clause 5 when You make any contribution to the
Online Community and that any contribution You make must be:
5.1.1 accurate (where facts are
stated);
5.1.2 genuinely held (where opinions
are stated);
5.1.3 comply with applicable laws in
the UK and in any country from which it is posted.
5.2 You agree that You shall not:
5.2.1 post any abusive, obscene,
vulgar, defamatory, hateful, threatening, sexually-oriented or any
other material that may violate any applicable laws. Doing so may
lead to this Agreement being terminated along with Your
registration and access to the Online Community. We may also inform
Your service provider about such posting. The IP address of all
posts is recorded to aid in enforcing these conditions;
5.2.2 send, knowingly receive,
upload, download, use or re-use any material which does not comply
with the standards set out in this Agreement;
5.2.3 transmit, or procure the
sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation
including conducting or forwarding surveys, questionnaires,
contests and chain letters (spam);
5.2.4 post any advertising material
on the Online Community without the prior written consent of the
Caravan Club. You accept that any such written consent may be
subject to payment;
5.2.5 place any web-links on any
part of the Online Community that do not adhere to these terms and
conditions of use;
5.2.6 knowingly transmit any data,
send or upload any material that contains any viruses or other
harmful programmes designed to adversely affect the operation of
any computer software or hardware used in the operation of the
Online Community;
5.2.7 impersonate any person or
entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity or forge headers or otherwise manipulate
identifiers to disguise the origin of any material posted on the
Online Community.
6 Uploading material to the Online Community and editing
material on the Online Community.
6.1 Whenever You make use of a feature that allows You to upload
material to the Online Community, edit existing material on the
Online Community, or post contributions to the Online Community You
must comply with terms of this Agreement. You warrant that any such
contribution does comply with the minimum standards set out in this
Agreement and that You shall indemnify the Caravan Club for any
breach of that warranty.
6.2 The Caravan Club may moderate the content of the Online
Community. Whilst the administrators and moderators will attempt to
remove or edit any generally objectionable material as quickly as
possible, it is not possible to review every contribution.
Therefore You acknowledge that all contributions made to the Online
Community express the views and opinions of the author(s) and not
the administrators, moderators or webmaster (except for posts by
these people) and hence the Caravan Club will not be held liable
for those contributions.
6.3 Subject to the terms of our Privacy Policy and Clause 6.4
below, whilst information and contributions posted on the Online
Community outside of the public areas of the Online Community will
not be disclosed to any third party without Your consent the
webmaster, administrator and moderators cannot be held responsible
for any hacking attempt that may lead to the data being
compromised.
6.4 The Caravan Club may disclose information in respect of any
information or material posted on the Online Community to the
relevant authorities should it reasonably believe that criminal
activity is taking place or it believes that an individual or a
group of individuals are at risk of harm.
6.5 The Caravan Club reserves the right at its sole discretion
to disregard, delete or omit any contribution offered by You or any
other third party to the Online Community, particularly, but not
limited to information that is illegal, not in the best interests
of the users of the Online Community or contrary to public policy
or the policies of the Caravan Club.
7 Intellectual Property Rights
7.1 All copyright and other intellectual property rights in the
materials on the Online Community are owned by the Caravan Club
unless otherwise indicated.
7.2 The copyright in any contribution posted by registered users
of the Online Community shall belong to the person making the
contribution.
7.3 Where organisations linked to the Caravan Club have elected
to provide their branding and any other intellectual property on
any part the Online Community in agreement with the Caravan Club
they retain ownership of all such rights.
7.4 In respect of material provided by You copyright remains
with You and You hereby grant a non-exclusive, perpetual,
worldwide, royalty-free, sub-licensable and transferable licence to
the Caravan Club to use, reproduce, distribute, prepare derivative
works of, and display the content in connection with the Online
Community and the Caravan Club's business, including without
limitation for promoting and redistributing part or all of the
Online Community (and derivative works thereof) in any media
formats and through any media channels. Contributors of material to
the Online Community also grant a licence to users of the Online
Community to use such material on the terms of this Agreement. You
hereby waive any rights you may have to be acknowledged as the
author of such material or to object to any derogatory treatment of
such material.
7.5 You may download, print or copy any material from the Online
Community that You wish, provided it is for Your own personal use
and You keep in place all original copyright notices or other
intellectual property notices. In such case if the material is not
used in its original format the source must always be acknowledged
as follows "taken from caravanclub.co.uk/community, an online
resource provided by the Caravan Club. © 20[insert] [name of
copyright holder]".
7.6 Larger sections of text from the Online Community may be
used for commercial purposes under license from the Caravan Club.
If You are in doubt as to how much material from the Online
Community You can use in Your own commercial materials, or wish to
obtain a license, You should contact the Caravan Club. You may use
individual documents as precedents for Your own documents provided
that You follow the requirements of commercial use in this Clause
7.
7.7 In all cases of commercial use in accordance with this
Clause 7 the following notice must be included in the materials
produced and remain intact:
"This material is being used under licence from the Caravan
Club. Selling or using extensive portions of material from this
website as part of a for-profit activity, without prior written
consent from the Caravan Club is prohibited. You must obtain
permission before redistributing this material, for permission
please contact the Caravan Club."
7.8 Any permission to reproduce material from the Online
Community under this Clause 7 does not extend to any material on
the Online Community that is identified as being the copyright of a
third party. Authorisation to reproduce such material must be
obtained from the copyright holders concerned.
7.9 Any material reproduced in accordance with this Clause 7
must be reproduced accurately and not used in a misleading
context.
7.10 Subject to the terms of this Agreement You may not copy,
modify, alter, distribute, publish, sell or otherwise use any
material on the Online Community in whole or in part, unless You
have obtained the prior written consent of the Caravan Club.
7.11 You may not use the material on the Online Community as
part of a training programme or in any way which competes with the
Online Community.
7.12 For the purposes of this Agreement, commercial purposes
includes a charity using the information for the purposes of
fundraising or providing services which are paid for by the user or
a third party, under contract or by grant.
8 Termination
8.1 The Caravan Club may terminate this Agreement and Your use
of the Online Community as a registered user at any time without
notice.
8.2 Any licence granted to You under this Agreement may be
terminated by the Caravan Club:
8.2.1 immediately by notice;
8.2.2 automatically if materials from the Online Community are
misused or used by You or us as a result of Your acting without a
credit for the copyright holder or the Caravan Club.
8.3 You may terminate this Agreement at any time by
unsubscribing from the Online Community by email. The termination
will take effect three business days after the receipt of Your
notice. The Caravan Club's contact details are available on the
Online Community under "contact us".
8.4 For the avoidance of doubt any licence granted by You to the
Caravan Club will not terminate on the termination of this
Agreement.
9 Limitation on Liability
9.1 Neither the Caravan Club nor any linked organisation shall
be liable to You or to any other person or entity in any way,
whether arising under contract, tort (including negligence) or
otherwise, for damages of any kind arising from the use of the
Online Community, including, but not limited to, direct, indirect,
incidental, punitive or consequential damages, lost revenue or
profits, lost or damaged data or other commercial or economic loss,
that result from Your use of, or inability to use, the Online
Community.
9.2 Neither the Caravan Club nor its linked organisations shall
be liable in any way whatsoever for any loss, cost, claim or other
damage howsoever caused by any third party including those whose
details can be found on the Online Community or may otherwise be
communicated to You by the Caravan Club.
9.3 If this limitation of liability provision shall be deemed
unenforceable, either in whole or in part, then such parts as are
unenforceable shall be deleted, the remaining parts shall remain in
full force and effect and the liability of the Caravan Club and any
of its linked organisations shall be limited to the greatest extent
permitted by law.
9.4 Nothing in this Agreement shall exclude or limit the
liability of the Caravan Club for:
9.4.1 death or personal injury
arising from its negligence; or
9.4.2 liability arising from
fraud.
10 Disclaimer of Warranty
10.1 Materials posted on the Online Community are for
information only and are not intended to:
10.1.1 amount to advice on which
reliance should be placed; or
10.1.2 constitute legal or
accounting advice in relation to any of the issues covered.
10.2 The Caravan Club disclaims all liability and responsibility
arising from You or anyone who may be informed of any of the Online
Community's contents placing any reliance on such materials. Prior
to using any of the materials on the Online Community You should
consider whether You need to obtain any professional advice such as
advice from an appropriately qualified legal advisor.
10.3 Advertisements posted on the Online Community by suppliers
or any other third parties are for information only. The Caravan
Club does not monitor the content of all the advertisements on the
Online Community and does not make any representations as to their
accuracy or otherwise. Any dealings You may have with those
suppliers or other third parties are entirely at Your own risk.
10.4 Separate terms and conditions may apply to certain
products, services and materials available through the Online
Community. In which case this will be brought to Your attention.
Subject to this, no express or implied warranties of any kind are
made in respect of the Online Community or the products, services
and materials available through it.
10.5 The Caravan Club does not warrant that the Online Community
will operate uninterrupted or error/virus free or that the
information on the Online Community is accurate or complete.
11 Links to Other Companies or
Organisations
11.1 The Online Community provides web-links (and other contact
details) to other websites that offer products, services and
materials the Caravan Club thinks will be of interest to You. Some
of these websites are operated in conjunction with other
companies/organisations and some are operated solely by independent
companies/organisations. The Caravan Club has no control over such
websites and resources and accepts no liability for any products,
services, materials or information contained on or available
through linked websites or otherwise provided by any other
company/organisation referred to on the Online Community. These
links are provided purely for Your convenience but the Caravan Club
does not endorse the material on these websites.
11.2 No linked websites are covered by this Agreement,
therefore, You should check what terms cover the use of these
websites before using them.
11.3 You may only create a link to the Online Community with the
Caravan Club's prior written permission. The Caravan Club reserves
the right to remove any links to the Online Community that it deems
are inappropriate without notice.
12 Data Protection
12.1 We are permitted to process Your Personal Data (as defined
by the Data Protection Act 1998) in accordance with our Privacy
Policy.
12.2 The Caravan Club uses cookies on its website to improve
your experience of using The Caravan Club website. To find out more
about The Caravan Club's use of cookies and details of how to
reject or delete them, please visit our 'Use of
cookies on The Caravan Club website' page.
13 Changes to the Terms of Use Policy
13.1 From time to time the Caravan Club may add new features to
the Online Community and enhance the level of service that the
Caravan Club offers to You. This may lead to changes in this
Agreement. Any such changes will be notified to You by the Caravan
Club updating this Agreement and Your subsequent use of the Online
Community will be deemed to signify Your acceptance of the
changes.
14 Waiver
14.1 No failure or delay by the Caravan Club to exercise any
right or remedy provided under this Agreement or by law shall
constitute a waiver of that or any other right or remedy, nor shall
it preclude or restrict the further exercise of that or any other
right or remedy. No single or partial exercise of such right or
remedy shall preclude or restrict the further exercise of that or
any other right or remedy.
15 Third Party Rights
15.1 A person who is not a party to this Agreement shall not
have any rights under or in connection with it and accordingly the
Contracts (Rights of Third Parties) Act 1999 shall not apply to
this Agreement.
16 Entire agreement
16.1 This Agreement supersedes all prior agreements,
arrangements and understandings between the parties and constitutes
the entire agreement between the parties relating to the subject
matter hereof.
17 Jurisdiction and Law
17.1 This Agreement is governed by the laws of England.
17.2 The parties irrevocably agree that the courts in England
shall have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with this Agreement or the
legal relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the English
courts.
17.3 The place of performance shall be England.
17.4 The information and any services provided via the Online
Community deal with issues under English Law and such information
or services do not purport to comply with laws and regulations of
Scotland, Northern Ireland or any country outside England and
Wales.
17.5 This Agreement is available in English only.
This Agreement was last updated on: 23 January 2012.