Terms and conditions
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 online 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 your online account or any of the services associated with your online account. 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 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.
