1. THE SERVICE
1.1 We provide a service allowing individuals to access and browse information posted by certain third parties ( 'Tourism Businesses' ), request brochures, and make bookings (in respect of the purchase of accommodation, services or goods) with Tourism Businesses through our web sites at the URLs listed in the Appendix from time to time or via our contact centre 'VisitWales' (the 'Service' ). If you wish to use the Service, you must firstly agree to these terms.
1.3 The User Terms may be updated at any time with or without notice to you and the most current version will be posted on the Site.
1.4 By using the Service you are deemed to have accepted the User Terms.
2. THE TERMS
2.1 When you place an order with a Tourism Business which is accepted, we will send you a voucher (by email, fax or post) on behalf of the Tourism Business confirming its acceptance of that order.
2.2 You should note that any contract(s) made will be between you and the Tourism Business(es) with whom you have placed an order and will be subject to the Tourism Business(es) 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 the Welsh Government or VisitWales when you make a booking which is accepted.
2.3 Where a contract is made between you and a Tourism Business, the Welsh Government and VisitWales will be entitled to pass on your personal details to that Tourism Business and by placing an order using our website or VisitWales you accept and consent to the passing on of your details.
3. YOUR OBLIGATIONS
3.1 In return for us allowing you to use the Service, you agree: (a) to provide true, accurate, current and complete information about yourself (including any credit or debit card information) ('the Personal Information') and; (b) maintain and promptly update the information provided to us to keep it true, accurate, current and complete.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Service.
4.2 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 Site but you are not permitted to make bookings using the Service.
5. USE OF THE SERVICE
5.1 You warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by the User Terms. In particular, you agree not to use the Service to: -
5.1.1 manipulate or otherwise alter identifiers in order to disguise the origin of any communication transmitted through the Service;
5.1.2 disrupt or interfere with the operation of the Service, the web site which hosts the Service or any servers or networks connected to this web site;
5.1.3 contravene any law whether UK or international;
5.1.4 reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service, use of the Service or access to the Service; or
5.1.5 collect or store personal data about other users of the Service.
5.2 You understand that the technical processing and transmission of the Service, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. OWNERSHIP AND USE OF PROPRIETARY RIGHTS
6.1 We own all copyright in all features of the Service (including, without limitation, the design of the web site, all logos, text and graphics on the web site), except such features which are owned by third parties (including Tourism Businesses).
6.2 We also own all software used in connection with the Service except such software which is owned by third parties ('the Software').
6.3 We will grant you a personal, non-transferable and non-exclusive right and licence (or sub-licence in the case of third party rights which have been licensed to us) to use the object code of the Software for the purpose of accessing the Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Software or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
7.1 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 Service, your connection to the Service, your breach of the User Terms or any other breach by you of any third party rights.
8. MODIFICATION, SUSPENSION AND TERMINATION OF SERVICE
8.1 We reserve the right at any time and from time to time in our sole discretion and with or without notice to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or your individual use of the Service. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
8.2 Our rights under this section are in addition and without prejudice to all of our other rights and remedies.
9. USE AND STORAGE
9.1 You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limit at any time, in our sole discretion, with or without notice.
10. DEALINGS WITH TOURISM BUSINESSES
10.1 Your correspondence or dealings (business or otherwise) with, or participation in promotions of, Tourism Businesses or advertisers found on or through the Service, including payment and delivery of related goods or services (including without limitation accommodation), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Tourism Businesses or advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such Tourism Businesses or advertisers on the Service.
11. THIRD PARTY LINKS
11.1 From time to time the Service may contain links to web sites operated by parties other than us. These links are provided for your convenience only and may be provided by us or by other Users of the archive of which you are a member. We have no control over these web sites and are not responsible for the content of such web sites. By offering you these links, we do not either impliedly or expressly endorse anything contained on such web sites or have any association with the operators of such web sites. We also expressly exclude liability for any inaccurate, offensive, defamatory or obscene material which appears on these sites.
12. DISCLAIMER OF WARRANTIES
12.1 You expressly understand and agree that your use of the Service is at your own risk. The Service is provided on an 'as is' and 'as available' basis. We expressly make no warranties of any kind as to the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12.2 In particular, we make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from your use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) any errors in the Software will be corrected and (vi) the Site is virus free or the Site contains anything which may have destructive properties.
12.3 Any content downloaded or otherwise obtained through the use of the Service is done so at your own discretion and risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of any such content.
13. LIMITATION OF LIABILITY
13.1 In no event shall we be liable for any damages whatsoever arising from your use of the Service including damages for loss of data, loss of profits or loss connected with the use or performance of the Service or for the delay or inability to use the Service or for information products or services obtained through the Service, except that nothing under the User Terms shall limit our liability for any fraudulent statement or for personal injury or death caused by our negligence.
14. EXCLUSIONS AND LIMITATIONS
14.1 Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in sections 13 and 14 may not apply to you.
15.1 Notices to you may be made via either email or standard mail. The Service may also provide notices of changes to the User Terms or other matters by displaying notices or links to notices to you generally on the Service.
15.2 No waiver by us of any breach of the User Terms by you shall be considered as a waiver of any subsequent breach of the same or of any other provision.
15.3 The User Terms shall govern your access to the Service to the exclusion of any other terms and conditions.
15.4 If any provision of these User Terms or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
15.5 Your rights and obligations under the User Terms are personal to you and you undertake that you shall not nor purport to assign, lease, charge, sub-license or otherwise transfer such rights and obligations in whole or in part.
15.6 Nothing in the User Terms shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999. Consent is not needed from any third party for rescission or amendment (at any time) of the User Terms and no variation to the User Terms nor any supplemental or ancillary agreement to the User Terms shall create any such third party rights unless expressly so stated in any such agreement by you and us. This does not affect any right or remedy of a third party which exists or is available apart from under that Act.
15.7 We shall not be liable for any loss suffered by you or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working.
15.8 Section headings have been included for convenience only and shall not be considered part of, or be used in interpreting, the User Terms.
15.9 The User Terms shall be governed by the laws of England and Wales and both you and us agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
16.1 The following words and phrases shall have the following meanings in the User Terms:
We, Us and Our:
The Welsh Government established by the 1998 Government of Wales Act and operating from headquarters currently located at:
National Assembly for Wales, Cardiff Bay, Cardiff CF99 1NA
You, Your and Yourself:
You the individual who wishes to use the Service