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When using www.go2-holidays.com
("Go2"), either as a buyer or seller, you
agree to be bound by the following terms and conditions (the "Terms").
Please read
through these Terms carefully as they constitute a legally binding agreement. You
are contracting with Go2 Holidays ("we" or "us"). Do not use
Go2 if you cannot fully agree with
these Terms.
Terms & Conditions in effect from March 2010.
1. Go2 is a holiday advertising website
1.1. We do not own the properties listed on Go2, nor can we
enter into any contract concerning such properties, so we are therefore not a party to any rental transaction. Go2
acts as an online holiday let advertising venue which allows members of our site (each, a "member") to offer for
rent, or to rent, at a range of prices, specific holiday rental
properties to potential renters (each, a "visitor" and, collectively with a
member, the "users"). Go2 is not involved in the actual transaction between
visitors and members even though we may from time to time provide tools, such
as direct booking, that enable a visitor to enter into a transaction to lease
a specific property directly from the member who rents that property. As a
consequence, the
quality, safety or legality of the properties advertised, the truth or accuracy
of the listings (including the content thereof or any property or user review),
the ability of members to rent holiday properties or the ability of visitors to
pay for holiday rental properties are solely the responsibility of the users.
2. Personal use of Go2
2.1. Although fees are charged to members to advertise their holiday rental
properties on Go2, there is no charge made to visitors to access Go2 and
research listings. Accordingly, we grant users a limited, revocable,
non-exclusive license to access Go2 to, as applicable, advertise holiday
rental properties and/or research, view or make legitimate enquiries to members
regarding their interest in particular holiday rental properties for their
personal use, all in accordance with these Terms. Any other use of Go2 is
expressly prohibited. This license does not include any right of
collection, aggregation, copying, duplication, display or derivative use of Go2 nor any right of use of data mining, robots, spiders or similar data
gathering and extraction tools without our prior written permission; provided,
however, that a limited exception from the foregoing exclusion is provided to
general purpose internet search engines and non-commercial public archives that
use tools to gather information for the sole purpose of displaying hyperlinks to
Go2, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt
file. "General purpose internet search engine" does not include a website or
search engine or other service that provides classified listings or property
rental advertisements, or any subset of the same, or which is in the business of
providing holiday property rental services.
3. Proprietary rights and the downloading of information from Go2
3.1. The text, files, images, photos, maps and other materials on Go2
(collectively, the "content") are for your personal use only. All content on
Go2, and Go2 itself, is protected by copyright and database rights, and
you must abide by any and all additional copyright notices, information, or
restrictions contained in or relating to any content on Go2. Copying or
storing of any content for other than your own personal, noncommercial, use is
expressly prohibited without the prior written permission from Go2 or the
applicable copyright holder. As part of the rental enquiry process, for your own
personal, noncommercial, use and not for further distribution, you may download,
display, and/or print one (1) copy of any portion of Go2. You may not
modify the same, and you must reproduce our copyright notice in the form "© Go2
Holidays 2010" as displayed on the relevant portion(s) of Go2 that you
desire to download, display or print.
4. Unauthorized use of Go2
4.1. Unless otherwise provided within these Terms, or unless otherwise
applicable law requires us to allow you to do so, you may not do any of the
following without our prior written consent:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any
part of the content in any form whatsoever;
• Reproduce any portion of Go2 on your own website or otherwise, using any
device including, but not limited to, use of a frame or border environment
around Go2, or other framing technique to enclose any portion or aspect of
Go2, or mirror or replicate any portion of Go2;
• Modify, translate into any language or computer language, or create derivative
works from, any content or any part of this site;
• Reverse engineer any part of Go2, save to the extent expressly permitted
by applicable law;
• Sell, offer for sale, transfer, or license any portion of Go2 in any form
to any third parties;
• Use any robot, spider, other automatic device, or manual process to monitor,
copy, or keep a database copy of the content or any portion of Go2;
• Use Go2 other than to advertise and/or research holiday rentals and to
make legitimate enquiries to our members;
• Use Go2 to make any false, fraudulent or speculative reservation, or any
reservation in anticipation of demand;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or
profane material or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law or for any other purpose that is unlawful or
prohibited by these Terms;
• Post or transmit any information that constitutes or contains false or
misleading indications of origin or statements of fact;
• Use or access Go2 in any way that adversely affects the performance or
function of Go2, or any other computer systems or networks used by us or
the site, or infringes on our copyright or any copyright of our members;
• Violate, plagiarize or infringe the rights of third parties including, without
limitation, copyright, trademark, patent, rights of publicity or privacy or any
other proprietary rights;
• Upload or transmit to Go2 or use any device, software or routine that
contains viruses, Trojan horses, worms, time bombs, or other computer
programming routines that may damage, interfere or attempt to interfere with, or
intercept, the normal operation of Go2, or appropriate Go2 or any
system, or take any action that imposes an unreasonable load on our computer
equipment, or that infringes upon the rights of any third party; or
• Disguise the origin of the information transmitted through Go2.
If you are aware of or experience any content, activity or communication through
or in connection with Go2 that appears to be in violation of the above, or
in violation of any other provision of these Terms, we ask that you please
inform us of any such violation by
contacting
us.
5. Changes to Go2 & unavailability of website
5.1. We may change, suspend or discontinue any aspect of Go2 at any time,
including the availability of any Go2 features, database, or content, where we
have legal, commercial or technical reasons to do so. We may also impose limits
on certain features or services or restrict your access to parts or all of Go2 for similar reasons.
5.2. There may also be times when Go2 becomes inaccessible as a result of
technical difficulties experienced by us or on the Internet. We will, however,
use reasonable skill and care to overcome these difficulties where they are
within our control. Please note, however, that we cannot guarantee continuous
access to Go2 or any of its specific features.
6. Privacy and email marketing
6.1. By becoming a user, you agree to receive emailed marketing communications
from Go2 relating to our products and services. Each of those emailed marketing
communications will, in line with prevailing law, give the user the opportunity
of opting-out of receiving future similar communications.
6.2. Please review Go2's Privacy Policy for more information regarding
information collection practices and safeguards. Your use of Go2 signifies
your acknowledgement of and agreement to our Privacy Policy.
7. User identity verification
7.1. User verification on the Internet is difficult and we cannot and do not
confirm each user's purported identity. For your own protection we encourage you to communicate directly
with a visitor or member through the tools available on Go2.
8. Limitations of use of other user's information
8.1. You agree that, with respect to other users' personal information that you
obtain through Go2or through any site-related communication or any
site-facilitated transaction, we have granted to you a license to use such
information only for: (a) any site-related communications that are not
unsolicited commercial messages, (b) using services offered through Go2,
(c) facilitating a financial transaction between you and the other user (such as
an on-line booking or charging a personal credit card) and (d) any other purpose
that a user expressly agrees to after you tell them the purpose you would like
to use it for. In all cases, you must give users an opportunity to remove
themselves from your address book or database and a chance to review what
information you have collected about them. In addition, under no circumstances,
except as defined in this provision, can you disclose personal information about
another user to any third party without both our consent and the consent of the
other user. You agree that other users may use your personal information to
communicate with you in accordance with this provision. Further, you agree that
you will protect other users' personal information with the same degree of care
that you protect your own confidential information, and you assume all liability
for the misuse, loss, or unauthorized transfer of such information.
8.2. We do not condone 'spam'. Therefore, without limiting the foregoing, you are
not licensed to add a Go2 user, even a user who has rented a holiday property
from you or to you, to your mailing list (email or physical mail) without the
user's express consent.
9. Responsibility for user-contributed content
9.1. We have no duty to pre-screen content posted on Go2 by members,
visitors or other users (including, without limitation, reviews of entries for any particular rental property), (collectively,
"user-contributed content"), and we are not responsible for user-contributed
content. We do, however, reserve the right to decline to permit the posting on
Go2 of, or to remove from, any user-contributed content that fails to meet
our content requirements. We may also remove user-contributed content if it is
brought to our attention, such as by notice given to us by a user under Clause 4
or 15 of these Terms or by a third party, that Clause 4 of these Terms, or any
other requirements governing the posting of such content, has/have been
apparently breached in respect of that user-contributed content.
9.2. All property listings on Go2 are submitted by the member and are the
responsibility of the member, and we specifically disclaim any and all liability
arising from the alleged accuracy of the listings, property reviews, or any alleged breaches of contract on a member's part. Members are
solely responsible for keeping their property information up to date on Go2, including, but not limited to any and all representations about any
property, its amenities, location, and its availability for a specific date or
range of dates. We do not represent or warrant that any of the copy, content,
property reviews, property location, suitability, pricing or
availability information published on Go2 is accurate or up-to-date even in
the case where prospective visitors have searched for specific special offers,
dates, or types of properties. Members are solely responsible for ensuring the
accuracy of any property descriptions. However, we reserve the right at all
times to disclose any information as permitted by prevailing law to satisfy any
law, regulation or government request.
10. Limitation of liability
10.1. In no event will we, Go2, or any member of Go2 Holidays be liable for any lost profits or any
indirect, consequential, special, incidental, or punitive damages arising out
of, based on, or resulting from our site, these Terms, your use of Go2
and/or any transaction between users, even if we or they have been advised of
the possibility of such damages. These limitations and exclusions apply without
regard to whether the damages arise from (1) breach of contract, (2) breach of
warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause
of action, to the maximum extent such exclusion and limitations are not
prohibited by applicable law. If you are dissatisfied with Go2, you do not
agree with any part of these Terms, then your sole and exclusive remedy against
us is to discontinue using Go2. In all events, our liability, and the
liability of any member of Go2 Holidays, to you or any third party in any
circumstance arising out of or in connection with Go2 is limited to the
greater of (a) the amount of fees you pay to us in the twelve months prior to the
action giving rise to liability, and (b) £50.00 in the aggregate. Nothing in
these Terms shall exclude or restrict our liability for death or personal injury
resulting from our negligence; nor for our fraud or our fraudulent
misrepresentation.
11. Disclaimer
11.1. We warrant that Go2 will be provided with reasonable care and skill
with the intention of meeting our technical specifications for the site, but we
cannot and do not guarantee that Go2 will meet your requirements, including
(without limitation) as to the availability or speed of delivery of Go2,
any of its features or content, any communication through or relating to Go2, or any transaction you may enter into with other users. Except as
expressly stated elsewhere in these Terms, all representations, warranties,
conditions and other terms relating to Go2 or any of its content, whether
express or implied (by common law, statute, collaterally or otherwise) are
hereby excluded, except in the case of our fraud or our fraudulent
misrepresentation, or where such exclusion is not permitted by law. We do not
warrant that the functions of Go2 or any materials or content contained
therein will be uninterrupted or error free, that defects will be corrected, or
that Go2 or the server that makes it available is free of viruses or other
harmful components, although we will take reasonable steps to avoid ourselves
introducing viruses or other harmful components to Go2.
11.2. You acknowledge that any transmission to and from this site is not
confidential and your communications may be read or intercepted by others.
12. Release
12.1. In the event that you have a dispute with one or more other users
(including, without limitation, any dispute between users regarding any
transaction or user-contributed content), you hereby agree to release and
discharge us from all liabilities, claims and expenses which arise out of or in
connection with that dispute.
13. Indemnity
13.1. You agree to indemnify Go2 Holidays against all
liabilities, claims and expenses (including reasonable legal fees) that may
arise out of or in connection with (a) any breach of these Terms by you or
through a machine on which you access Go2; (b) any of your user-contributed
content infringing these Terms or the rights of any person or entity; or (c) any
rental or other property-related transaction to which you are party or that is
entered into in connection with this site.
13.2. If any claim is made against us that you indemnify us for under Clause
13.1, then (a) we will have the right to conduct its defense and settlement, but
(b) we will take reasonable account of any representations you make to us as to
such defense and settlement.
14. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of
England and Wales and subject to the non-exclusive jurisdiction of the English
courts.
15. Notification of infringing content
15.1. If you see or experience any user-contributed or other content, activity
or communication through or in connection with Go2, that appears to
infringe any requirement of these Terms, please do
inform us.
Whilst every effort is made to monitor the content of Go2 we also rely upon users to notify us of infringing content, activity and
communications.
16. No agency agreement
16.1. Our relationship is that of independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relations
is intended or created by these Terms or your use of Go2.
17. Member eligibility & accuracy of information
17.1. Our services may only be used by members who can form legally binding
contracts under applicable law. If you are registering on behalf of an
incorporated or unincorporated entity, you represent that you have the authority
to bind the entity to this Agreement.
17.2. Each member further represents and covenants that any information
submitted to Go2 during such member's registration with Go2 shall be
true and correct. Members further agree to provide notice to Go2 by
contacting
us regarding any updates to any such contact information previously
submitted by them to Go2.
18. Content, layout and copy used on Go2
18.1. We reserve the right to determine the design, layout and functionality of
our site.
18.2. We reserve the right to review and edit copy or amend the content, layouts
or photographs supplied by any member. All content and copy edits submitted by
members are subject to review and approval by us.
18.3. Notwithstanding our right to edit and amend the content, copy and
photographs, we do not accept and we shall not have any liability for any loss
or damage resulting from the design or positioning of the copy, properties,
content and/or photographs or any change made to any content, photograph or copy
submitted by any member or edited or amended by us.
19. Property photographs
19.1. By submitting a photograph electronically to Go2 the member represents and warrants
that (a) (i) it holds all intellectual property rights with respect to each
submitted photograph, or (ii) it has secured from the copyright holder all
rights necessary for the photograph to be used in an online advertisement, (b)
that any people in the photograph have given permission for their likeness to be
displayed in an online advertisement, (c) that the photograph accurately and
fairly represents the subject of the photograph and has not been altered in any
manner that would mislead a viewer of that photograph.
20. Grant of copyright
20.1. If you are a member, by accepting these Terms and by paying for and
posting a listing on Go2, you grant to us and our affiliates a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully
paid-up license to use, copy, license, sublicense (through multiple tiers),
adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit
and otherwise exploit the copy, the photographs and the likenesses (if any) of
any content you post on Go2 or the websites of our affiliates, and you
grant Go2 the
ability to copyright and protect the images, copy, and content available via
your listing from the unauthorized use by unaffiliated third parties who may,
from time to time, attempt to pirate such information via electronic or other
means. We need these rights to host and display your listing. You further agree
to assist us, at our expense and control, to protect such copyrighted material
from unauthorized redistribution. We are not responsible for any infringement or
violation of laws resulting from content supplied by any member. Each member
hereby waives and releases all rights to any claim against us for any alleged or
actual infringement of any proprietary rights, rights of privacy and publicity,
moral rights and rights of attribution in connection with any user-contributed
content posted or provided to us by such member.
20.2. Each member agrees that we may reproduce in whole or in part any
photographic material supplied by such member in the promotion of either such
member's property or the promotion of Go2.
20.3. It is the member's responsibility to obtain reproduction permission for
all photographic and other material used in their listings. The member warrants
that he is the owner of the copyright in such material or is authorized by the
owner thereof to grant to us the rights therein contained.
21. Links to third-party sites
21.1. Go2 may contain links and pointers to other Internet sites,
resources, and sponsors of Go2. Links to and from Go2 to other
third-party sites, maintained by third parties, do not constitute an endorsement
by us of any third-party sites or the contents thereof.
22. Member website links
22.1. We reserve right to refuse hypertext links to, or addresses of, other
web sites from members' pages, and to remove links or web addresses without
notice. Further, we reserve the right to charge for hypertext links at any time.
23. Substitution of properties
23.1. Each listing may only relate to a specific property. The property in a
listing may not be substituted by another property. If a member submits changes
to an existing listing that, if approved, would substantially alter the listing
to make it that of another property, then we have the right to terminate the
listing and may choose to retain any fees associated with the term of the
previously existing listing as compensation for the violation of this condition.
24. Advertising multiple properties in one listing
24.1 Each listing on Go2 displays an individual and uniquely identified
property available for short-term holiday rental. The listing specifically
cannot be a mere example of properties in a given area. Only one property can
appear on each listing, unless it is a property with multiple rental units on
the same site and additional advertising units are purchased. We reserve the
right to amend the copy or remove any listing when more than one property is
described in such listing, and may choose to retain any fees associated with the
initial term of such non-conforming listing as compensation for the violation of
this condition.
25. Unauthorized methods of payment
25.1. No member may request any visitor to mail cash, or utilize any
instant-cash wire transfer service such as Western Union or MoneyGram in payment
for all or part of a property rental transaction. Any violation of this term or
any other unacceptable payment methods that may be posted on Go2 from time
to time may result in the immediate removal of the non-conforming listing from
Go2 without notice to member and without refund.
26. Termination of advertising
26.1. All listings are sold to run the full term that is chosen by the member.
Listings removed at your request prior to the completion of their full term are
not subject to a refund.
26.2. We reserve the right to refuse any listing submitted to us either through
our online submission process or sent via email to post onto
Go2. We may refuse to publish the listing for any reason, and each current
or prospective member expressly agrees to release and hold us harmless from any
loss or liability that may arise from such a decision.
26.3. If, in our reasonable discretion, any member submits unsuitable material
to Go2 or into our database, persistently misuses Go2 or our online
systems, or is in material breach of these Terms, we reserve the right to remove
immediately such member's property from Go2 without refund.
26.4. If we become aware of or receive a complaint from any person or entity
regarding a member's listing or rental practices that, in our reasonable
discretion, warrants the immediate removal of such member's allegedly offensive
listing from Go2 (for example, and without limitation, if a member
double-books a property for multiple visitors on the same date, or engages in
any practice that, in our reasonable discretion, would be considered unfair
within the holiday rental industry, or if we receive a complaint that any
listing's content infringes on the rights of a third party), then we may
immediately remove the allegedly offensive listing from Go2 without notice
to the member and without refund while we investigate the basis for the
complaint. If we conclude, in our reasonable discretion, that any such complaint
is meritorious, then we may permanently remove the offensive listing from the
site without notice to the member and without refund.
26.5. If any member is in breach of these Terms or its obligations to us then we
may immediately remove such member's listing from Go2 without notice to the
member and without refund.
27. Distance selling
27.1 When, as a member, you choose to create a listing, you are agreeing that
the listing may be placed shortly after you provide your agreement to create it.
As a result you do not have the right to cancel your agreement to create the
listing during the cooling-off period which is provided for certain transactions
under the Consumer Protection (Distance Selling) Regulations 2000.
28. Notices
28.1. Except as explicitly stated otherwise, any notices shall be given (in the
case of you contacting us) by clicking
here or, when we need to send you notice, to the email address you provide
to Go2 during the registration process (in your case, and as applicable).
Notice shall be deemed given upon receipt or 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
29. Amendments
We reserve the right to change these Terms from time to time, and post the new
version of these Terms. When we do so, we will notify users of the fact that
there are changed Terms on the Site, and the new version of these Terms will
take effect, and will govern this site and your relationship with us:
a. commencing one month after the date of posting (or such later date as we
indicate in the relevant posting), if any of the changes is to an operative
provision of these Terms which is capable of adversely affecting you; if you do
not wish to be governed by the new version of these Terms, you may notify us in
writing on or before the date when the new version of these Terms is to take
effect, and:
1. from that date you must cease to use Go2; and
2. if you are a member, then you can choose instead to remain bound by the
previous version of these Terms until the end of the period for which you have
paid charges to list holiday rental properties on Go2; or
b. immediately upon the date of posting (or such later date as we indicate in
the relevant posting), if the changes are not to operative provisions, or not
capable of adversely affecting you - examples of which would include, without
limitation, changes to contact details referred to, or the refinement of
provisions that are already included, in these Terms.
30. Personal record of terms
30.1. As we do not separately file the Terms entered into by each user of Go2 please make a copy of these Terms for your records by printing and/or saving a
downloaded copy of the Terms on your personal computer.
31. Miscellaneous
31.1. These Terms are intended to constitute the entire agreement between us and
you with respect to your use of Go2. We may immediately terminate any
user's access to or use of Go2 due to such user's breach of these Terms or
other unauthorized use of Go2. Our failure to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of any such right or
provision. If for any reason a court of competent jurisdiction finds any
provision of these Terms, or portion thereof, to be unenforceable, that
provision shall deemed severed, and the remainder of these Terms shall continue
in full force and effect.
31.2 We reserve the right to assign these Terms (and our agreement with you),
but will not do so in such a way as to reduce any guarantees you are given under
these Terms. You may not without our written consent assign these Terms (or your
agreement with us).
32. Contacting Go2
Go2 may be contacted by email at
info@go2-holidays.com
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