Terms and Conditions of Use
Introduction
1. In all cases “the Website” or “this Website” shall refer to the domain name https://boutiqueluxuryretreats.co.uk/.
2. The following Terms and Conditions of Use (“Terms”) govern all use of the Website and all content, services, and products available at or through the Website.
3. These Terms apply between you, the user of this Website (“you/your/User”) (including any sub-domains, unless expressly excluded by their own terms and conditions), and Hooley Time Limited (“we/us/our”), the owner and operator of this Website, a company incorporated in England and Wales with registered number 06702376.
4. Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website. By accessing or using the Website, you signify your agreement to these Terms. If you do not agree to be bound by these Terms , you should stop using the Website immediately.
5. Our Website is offered subject to your acceptance without modification of all these Terms and all other operating rules, policies (including without limitation, Hooley Time Limited’s Privacy and Cookies Policy) and procedures that may be published from time to time by us. You agree that we may automatically upgrade or amend our Website, and these Terms will apply to any changes.
6. In these Terms, “User” or “Users” means any third party that accesses the Website and is not either (i) employed by Hooley Time Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to us and accessing the Website in connection with the provision of such services.
7. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.
8. If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
Service description
9. The Website is a directory that lists boutique luxury retreats and connects Users with owners of these luxury retreats (“Owners”) in order to place a booking. Bookings for any of the listings provided on the Website are done externally and directly with the Owner of the retreats and the User. No bookings are done through us. The Website is a directory of luxury retreats and no bookings are made with us or on our Website directly. No contract is created between us and the User for any bookings made with an Owner.
Intellectual property and acceptable use
10. All Content included on the Website, unless uploaded by Users and Owners, is our intellectual property, or that of our affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users and Owners.
11. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission.
12. If you are a retreat Owner who is listing their retreat on our Website, we may require you to provide us with Content to be used on our Website for the purpose of marketing your retreat and marketing purposes. You agree to provide us with an irrevocable, non-exclusive licence to use the Content you provide us with for the purpose of carrying out our services.
13. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without our prior written permission.
14. However, you may, for your own personal, non-commercial use only:
a. retrieve, display and view the Content on a computer screen; and/or
b. print one copy of the Content.
Prohibited use
15. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any unlawful or fraudulent manner;
c. to transmit, or to procure the transmission of any unsolicited marketing materials to us;
d. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
e. to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
f. to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
g. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
16. We reserve the right to remove or disable any retreat listing posted on our Website in our sole discretion for whatever reason. We are under no obligation to provide you with a reason for the removal or disabling of your listing. If you believe the decision to remove or disable your retreat posting was made in error, please contact us at info@boutiqueluxuryretreats.co.uk ensuring you include reasons why you believe the decision was made in error.
Registration
17. In order to utilise the services provided by the Website, you may need to register an account with us.
18. You must ensure that the details provided by you on registration of your membership are at any time complete and accurate.
19. You may be required to create a strong password to access the Website. Any password, user identification code or any other piece of information as part of our registration process, you must treat as confidential. You must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
20. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
21. We reserve the right to suspend or terminate your account and membership with immediate effect for any reasonable cause or if you breach these Terms.
22. You may cancel your account at any time by emailing info@boutiqueluxuryretreats.co.uk. If you do so, you will no longer receive the benefits of the membership you registered for and your access to the Website may be limited. Cancellation or suspension of your registration does not affect your statutory rights.
Fees, payments and automatic renewals
23. Some of our services are offered for a fee – such as listing a retreat on our Website and inclusion in our social media campaigns. If you are an Owner of a retreat listing your product or service on our Website, you may be charged an annual fee for your listing (“Paid Service”).
24. By using a Paid Service, you agree to pay the specified fees, which we will bill or charge you for in regular intervals (such as monthly, annually, biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting us or the relevant support team.
25. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services and remove your retreat listing from our Website. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our services.
26. While you may cancel a Paid Service at any time, refunds are issued at our sole discretion, and we may make deductions from any refunds on a pro-rata basis based on the consumption of the services up until the cancellation date.
27. We reserve the right to increase the fees for a Paid Service at any time. Any increase will not apply before the end of your current membership period. In the event of any increase, you will be notified in advance and provided with a 30 day period to cancel.
Links to other websites
28. This Website may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates.
29. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
30. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Linking to our Website
28. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
29. However, you must not:
a. establish a link in such a way as to suggest any form of association, approval or endorsement by Hooley TIme Limited, unless otherwise approved by us;
b. establish a link to our Website in any website that you do not own;
c. frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
d. link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
30. We reserve the right to withdraw linking permission without notice.
Privacy Policy and Cookies Policy
31. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms by this reference. You can view our Privacy Policy here and our Cookies Policy here
Availability of the Website and disclaimers
32. Any online facilities, tools, services or information that we make available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We are under no obligation to update information on the Website.
33. Whilst we we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers including but not limited to the use your own virus protection software.
34. We accept no liability for any disruption or non-availability of the Website and we reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
35. The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
Limitation of liability
36. Nothing in these Terms will: (a) limit or exclude our liability for death or personal injury resulting from our negligence, as applicable; (b) limit or exclude our liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our liabilities in any way that is not permitted under applicable law.
37. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
38. To the maximum extent permitted by law, Hooley Time Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
d. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.
General
39. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.
40. These Terms may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
41. These Terms together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
42. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms .
43. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
44. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
45. These Terms shall be governed by and interpreted according to the law of England and Wales and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Hooley Time Limited’s details
46. Hooley Time Limited is a company incorporated in England and Wales with registered number 06702376 whose registered address is 6 Link Way, Howsell Road, Malvern Link, Worcestershire, United Kingdom, WR14 1UQ and it operates the Website: https://boutiqueluxuryretreats.co.uk/.
47. If you have any questions about these Terms or the use of our Website in general, please contact us at info@boutiqueluxuryretreats.co.uk.