Terms & Conditions

Introduction

Use of this website is conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of https://winchelsealodge.co.uk.

https://winchelsealodge.co.uk  is owned and operated by Devonshire Hotels (London) Ltd t/a The Lodge at Winchelsea, Hastings Road, Winchelsea, East Sussex TN36 4AD. Telephone number +44(0) 1797 226211 (we/our/us).

These terms and conditions and our Privacy Policy, (together the User Agreement) form our entire agreement with you in respect of the non-chargeable use of our website https://winchelsealodge.co.uk and supersede any prior agreement or arrangement with you in respect thereof. If there are any updates to these Terms and Conditions they will be posted online. Continued use of the Service or our website will be deemed to constitute acceptance of the new terms and conditions.

Availability of https://winchelsealodge.co.uk
We will endeavor to ensure that https://winchelsealodge.co.uk  is available 24 hours per day without any interruptions. However, we reserve the right to make it unavailable at any time or to restrict access to parts or all of it without notice.

The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers.

We will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and we shall in no circumstances have any liability whatsoever in respect of any such transaction.

We will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).

We make no warranty and exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the https://winchelsealodge.co.uk website, or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Suppliers information, goods or services shall rest with the Supplier. We will use all reasonable endeavors to ensure that the information relating to Suppliers services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customers responsibility to verify prices with the Supplier.

Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the entire Website (including, without limitation, copyright and database rights (including software) and any logos or trademarks (whether registered or unregistered)) and in the material published on it, including, without limitation, logos, graphics, photographs, animations, signage, livery, get-up, videos, audio, stationery, publications, reports and text). Those works are protected by Talk Radio Europe SL and international laws regarding copyright, trademark, trade secrets and other intellectual property or proprietary rights around the world.

Your use of the Website and its contents does not grant you any rights to our intellectual property or the intellectual property of third parties in the Website and its contents.

Unless otherwise stated, third parties (e.g. business partners, customers and associates) who publish their content on the Website retain full copyright ownership of their material.

Other than as expressly permitted in these Terms, you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website.

You may download or print insubstantial extracts of the content of the Website to your hard disk for the sole purpose of viewing it. In downloading or printing any content from the Website, you must not remove or amend any trademark, copyright notice or other proprietary notice, legend or restriction including product identification details from any of the material or information contained on pages of the Website. In addition, you are not allowed to modify, in any way, the paper or digital copies of any materials you have printed or downloaded.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. You may not copy or republish any such information in any other manner without our prior written consent.

Any use other than that permitted under this section may only be undertaken with our prior express authorisation.

Your Contributions

You agree to only use https://winchelsealodge.co.uk  for lawful purposes and that any information that you provide in connection with, or which forms part of, the website will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libelous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.

We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the website.

Links

https://winchelsealodge.co.uk will link you to www.eviivo.com for booking purposes and may contain links to other internet sites for information purposes. The terms and conditions for using linked sites will be the responsibility of those third parties and without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. Our website is designed to provide a means of communication between visitors to our site and those merchants listed throughout. Any attempt to visit any of the merchant websites listed is at the users own volition and by leaving (clicking away from) us, we cannot accept any responsibility for any problems arising from contact with the listed website.

Data Protection

It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the https://winchelsealodge.co.uk. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our privacy policy.

Intellectual Property

The website https://winchelsealodge.co.uk , its style and structure, and the materials and information on it are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement.

Our Liability

Since all of https://winchelsealodge.co.uk  is both free and available to all, it is a condition that your use of the website is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or our website for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the website shall be limited to £1.

While we make every attempt to check all submissions to https://winchelsealodge.co.uk we accept no liability for the content of any of the reviews and comments submitted. These are entirely the opinion of the user who submits the review and in no way reflect our opinion.

Every effort has been made to ensure that all information is as current and accurate as possible throughout, however, where errors and inaccurate information appears, we accept no responsibility or liability for any misfortune arising from inaccurate information published on our website.

Your Conduct & Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. You agree to use the Website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which you access the Website.

You agree that in using the Website (or any part thereof) you will not:

use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or other activity that violates any applicable local and international law or regulation;

use the Website in a manner that infringes the rights of another person, firm or company (including, without limitation, the intellectual property rights, confidentiality rights or rights of privacy);

introduce or transfer through the Website material that is defamatory, libellous, obscene, offensive, threatening, menacing or blasphemous, or material that may cause annoyance inconvenience or needless anxiety;

use the Website to impersonate or attempt to impersonate us or one of our employees, another user or person or entity (this includes, without limitation, the use of email-addresses associated with any of the foregoing);

engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, as determined by us, may harm us or users of the Website or expose them to liability;

transfer files to or through the Website that contain viruses, Trojans, worms or anything else that is malicious or technologically harmful or that may interfere with, interrupt or disrupt the normal operation of the Website;

use the Website in a way to cause it to be interrupted, overburdened, damaged, rendered less efficient or in a way so that the effectiveness or functionality of the Website is impaired;

use the Website to send any unsolicited advertising or other promotional material or any form of solicitation by email or by any other means;

do anything that would seek to bypass or interfere with any security features of the Website, or interfere with any of our (or our affiliated companies) websites, servers, or network;

use any robot, spider or other automatic device, process or means to access the Website;

use any manual process to monitor or copy any of the material on the Website, or for any unauthorised purpose without our express prior written consent;

attempt to gain unauthorised access to any part or component of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

upload files which contain an active hypertext link to another website; and

permit or procure any third party to do any of the above. In the event that you have a claim against another user of the Website arising out of that user’s use of the Website, you agree to pursue such right, claim or action independently of and without recourse to us.

Your Legal Obligations/Your Promises to Us

You confirm that:

all information and details provided by you to us (including on registration, if applicable) are true, accurate and up-to-date in all respects and at all times;

You will comply with the restrictions on your use of the Website as set out in the “Conduct and Use of the Website” section above and as set out elsewhere in these Terms; and

in relation to any material submitted to the Website, you have the right to do so and have obtained all necessary licences and or approvals.

You agree to compensate us in full of any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliated companies and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against all claims, liability, damages, losses, costs and expenses, (including legal fees) arising out of any breach of the Terms by you (including in relation to any Materials submitted by you) or any other liabilities arising out of your use of the Website other than as expressly authorized in these Terms or your use of any information obtained from the Website or the use by any other person who accesses the Website using your internet account.

Our Legal Obligations & Limits on Liability

Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or negligence neither by our employees or agents nor for any other liability which cannot be excluded or limited under applicable law.

We do not accept any liability for:

damage to your computer system or loss of data or other proprietary material that results from your use of the Website or in connection with your downloading of any material posted on it, or on any website linked to it, unless such damage results from our negligence; and

any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

To the extent permitted by law, we and our affiliated companies hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; including without limitation any warranties of merchantability, non-infringement and fitness for a particular purpose;

any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; (viii) computer failure; and (ix) for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

Linking to the Website

You may establish a link to the Website provided that:

You link only to the home page of the Website;

the link is from a website owned by you or under your control;

the link is fair and legal and does not damage our reputation or take advantage of it;

the link does not suggest any form of association, approval or endorsement on our part where none exists;

You do not remove or obscure advertisements, copyright notices or any other proprietary, legal or trademark notices on the Website; and

the Website is not be framed on any other site.

To establish a link to the Website, you should give us prior written notice of such link by sending an e-mail message to us at info@winchelsealodge.co.uk

We reserve the right to withdraw your linking permission without notice and you must immediately stop providing links to the Website if notified by us.

Security

We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We also reserve to right take any action to prevent the unauthorised use of our intellectual property rights.

We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching or in breach of the Conduct and Use of the Website Section above or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.

We may investigate any reported breach of these Terms or complaints and take any action that we deem appropriate (which may include, without limitation, removing any of your information, issuing warnings, suspending, restricting or terminating your access to and/or removing any Materials from the Website. We also reserve the right at our discretion to suspend, restrict or terminate your access to this Website at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in the Conduct and Use of the Website section above.

Severance & Waiver

If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions shall continue to apply.

No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Governing Law & Jurisdiction

In the event of any dispute between you and us concerning these Terms or any claim arising from, or related to, a visit to the Website, the laws of England and Wales will apply without giving effect to any choice or conflict of law provision or rule. If you wish to take court proceedings against us, you must do exclusively in the courts of England and Wales. However, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Your Concerns

We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

If you believe that there has been any breach of your intellectual property rights or that you have been subject to a defamatory statement, please notify us straight away at the address below, providing us with: (i) written and verifiable confirmation that you are, or are authorised to act for or on behalf of, the owner of the intellectual property right or the person who alleges the defamation; (ii) the nature of the offending material including the location of it on the Website; (iii) your full name, telephone number and address including any email address; (iv) a statement by you that the claim being made is accurate and true to the best of your knowledge and belief. Claim notifications should be sent to by email to info@winchelsealodge.co.uk

If you have any concerns about material which appears on the Website, or if you wish to report any inaccuracies or faults on the Website, or if you have any other suggestions about how the content can be improved, please contact us at the address below.

If you wish to make any use of material on the Website other than that set out above, or have any questions concerning these Terms, please contact us at the above address.

All rights not expressly granted in these Terms are expressly reserved by us.

Thank You for visiting https://winchelsealodge.co.uk

These Terms are dated: March 2019