- Accessing our site
1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
1.2 When using our site, you must comply with the provisions of our acceptable use policy set out in clause 10 below.
1.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- Our site changes regularly
2.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
- Our services
3.1 myBreakSearch searches many third party travel sites and delivers information and offers users information about hotels and flights that we find from third parties.
3.2 myBreakSearch provides the technical connection to these third party sites, but the booking is made through the third parties site directly. If you make a booking through one of these sites you are making that booking under the terms of conditions of that site and not myBreakSearch. Please be sure to read their terms and conditions prior to using their site.
3.3 When you book through one of these sites the contract is made between the user and the third party booking site, and not myBreakSearch. No contract exists between myBreakSearch and the user.
- Our liability
4.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
4.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
4.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
for 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 your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
4.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
- Uploading material to our site
6.1 Whenever you make use of a feature that allows you to post material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy set out in clause 10 below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
6.2 Any material you post to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
6.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
6.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy set out in clause 10 below.
- Viruses, hacking and other offences
7.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- Linking to our site
8.1 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, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 You must not establish a link from any website that is not owned by you.
8.3 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
- Links from our site
9.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Acceptable use policy
10.1 You may use our site only for lawful purposes.
You may not use our site:
10.1.1 In any way that breaches any applicable local, national or international law or regulation.
10.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
10.1.3 For the purpose of harming or attempting to harm minors in any way.
10.1.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
10.1.5 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
10.1.7 Not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any equipment or network on which our site is stored;
(c) any software used in the provision of our site; or
(d) any equipment or network or software owned or used by any third party.
10.2 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
10.3 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3.1 Be accurate (where they state facts).
10.3.2 Be genuinely held (where they state opinions).
10.3.3 Comply with applicable law in the UK and in any country from which they are posted.
Contributions and posts must not:
10.3.4 Contain any material which is defamatory of any person.
10.3.5 Contain any material which is obscene, offensive, hateful or inflammatory.
10.3.6 Promote sexually explicit material.
10.3.7 Promote violence.
10.3.8 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
10.3.9 Infringe any copyright, database right or trade mark of any other person.
10.3.10 Be likely to deceive any person.
10.3.11 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
10.3.12 Promote any illegal activity.
10.3.13 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
10.3.14 Be likely to harass, upset, embarrass, alarm or annoy any other person.
10.3.15 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
10.3.16 Give the impression that they emanate from us, if this is not the case.
10.3.17 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Jurisdiction and applicable law
11.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
13. Your concerns
13.1 If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.