Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site or Purchaser and Nationwide Holiday Service Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser's order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an invoice by post, fax or email to the Purchaser indicating that the advertisement has been uploaded on to our web site.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

"Content"

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"Goods"

means allotted advertising space that Nationwide Holiday Service Limited makes available through this Web Site;

"Service"

means collectively any online facilities, tools, services or information that Nationwide Holiday Service Limited, makes available through the Web Site either now or in the future;

"Payment Information"

means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Purchaser"

means any person or business that purchases advertising space from Nationwide Holiday Service Limited from this Web Site;

"Purchase Information"

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

"Premises"

Means our place(s) of business located at www.nhsholidays.com ; and PO Box 325, Liverpool, L16 2WZ

"System"

means any online communications infrastructure that Nationwide Holiday Service Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users"

means any third party that accesses the Web Site and is not employed by Nationwide Holiday Service Limited and acting in the course of their employment; and

"Web Site"

means the website that you are currently using (www.nhsholidays.com) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1

Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Nationwide Holiday Service Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Nationwide Holiday Service Limited.

2.3

The Purchaser hereby agrees to indemnify Nationwide Holiday Service Ltd for all and any losses, claims and/or other proceedings that it suffers (or may suffer) as a result of the Purchasers act(s), default(s), omission(s) in respect of the aforesaid.

3. Third Party Intellectual Property

3.1

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

3.2

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

3.3

The Purchaser hereby agrees to indemnify Nationwide Holiday Service Ltd for all and any losses, claims and/or other proceedings that it suffers (or may suffer) as a result of the Purchasers act(s), default(s), omission(s) in respect of the aforesaid.

4. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Nationwide Holiday Service Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.nhsholidays.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Nationwide Holiday Service Limited. To find out more please contact us by email at admin@nhsholidays.com

7. Use of Communications Facilities

7.1

When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

7.1.1

obscene or vulgar language must not be used;

7.1.2

Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3

Content that is intended to promote or incite violence must not be submitted;

7.1.4

it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

7.1.5

the means by which Users identify themselves must not violate these terms of use or any applicable laws;

7.1.6

Users must not impersonate other people, particularly employees and representatives of Nationwide Holiday Service Limited or our affiliates; and

7.1.7

our System must not be used for unauthorised mass-communication such as "spam" or "junk mail".

7.2

You acknowledge that Nationwide Holiday Service Limited reserves the right to monitor any and all communications made to us or using our System.

7.3

The Purchaser hereby agrees to indemnify Nationwide Holiday Service Ltd for all and any losses, claims and/or other proceedings that it suffers (or may suffer) as a result of the Purchasers act(s), default(s), omission(s) in respect of the aforesaid.

8. Accounts

8.1

In order to purchase Goods on this Web Site and to use the facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User's use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that:

8.1.1

all information you submit is accurate and truthful;

8.1.2

if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and

8.1.3

you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

8.2

It is recommended that you do not share your Account details, particularly your username and password. Nationwide Holiday Service Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

8.3

If you have reason to believe that your Account details have been obtained by another without consent, you should contact Nationwide Holiday Service Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up to the moment that they are uploaded. In the event that an unauthorised purchase is uploaded prior to your notifying us of the unauthorised nature of the purchase, Nationwide Holiday Service Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

8.4

When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

9. Termination and Cancellation

9.1

Either Nationwide Holiday Service Limited or a User may terminate an Account. If Nationwide Holiday Service Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

9.2

If Nationwide Holiday Service Limited terminates an Account, any current or pending purchases on your Account will not be cancelled and will be uploaded.

9.3

Nationwide Holiday Service Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and upload.

10. Payment

10.1

Advertisement Listings cost £100 + VAT per annum.

Banners are £300 + VAT per Annum.

10.2

Any and all invoices are due for payment 14 days after the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Nationwide Holiday Service Limited.

10.3

Interest will be charged on a daily basis, commercial interest at 5% above the base rate of the Bank of England obtaining at the time.

11. Goods, Pricing and Availability

11.1

Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Nationwide Holiday Service Limited correspond to the actual Goods, Nationwide Holiday Service Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.

11.2

All pricing information on the Web Site is correct at the time of going online. Nationwide Holiday Service Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month. Purchasers will be provided with new pricing information.

11.3

In the event that prices are changed during the period between an order being placed for Goods and Nationwide Holiday Service Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

11.4

All prices on the Web Site do include VAT. Nationwide Holiday Service Limited's VAT number is 913 1959 23.

12. Property, Risk and Account of Profits

12.1

If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Nationwide Holiday Service Limited or forming a component part of a larger Good, and any amount of the purchase price payable to Nationwide Holiday Service Limited remains outstanding, the Purchaser must account to Nationwide Holiday Service Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Nationwide Holiday Service Limited until payment has been received in full by Nationwide Holiday Service Limited.

12.2

Nationwide Holiday Service Limited reserves the right to trace all proceeds under the principles of Re Hallett's Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Nationwide Holiday Service Limited has the right to enter the Purchaser's premises and remove any Goods which, by virtue of Clause 14.1, remain the property of Nationwide Holiday Service Limited.

13. Delivery

13.1

Nationwide Holiday Service Limited will notify you by way of email when your goods are to be uploaded.

13.2

If Nationwide Holiday Service Limited receives no communication from you, within 7 days of upload, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

14. Returns and Refunds Policy

Nationwide Holiday Service Limited aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

14.1

If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange collection and return. Nationwide Holiday Service Limited is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.

14.2

If any Goods uploaded have faults when they are placed on the Web Site, the Purchaser should contact Nationwide Holiday Service Limited within 28 days to arrange changes. Nationwide Holiday Service Limited is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

14.3

If the Goods have been uploaded, but the Purchaser decides that they are no longer required, the Goods will be removed from the Web Site by Nationwide Holiday Service Limited within (and inclusive of) 7 days of upload.

14.4

If a User terminates their Account within (and inclusive of) 7 days of payment; a full refund (less admin charges) will be returned.

14.5

If a User terminates their Account later than 7 days of payment; there will be no refund of any monies.

14.6

If the Purchaser wishes to return Goods to Nationwide Holiday Service Limited for any of the above reasons, please contact us using the details on http://www.nhsholidays.com/contact-us.aspx to make the appropriate arrangements.

14.7

Nationwide Holiday Service Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

14.7.1

Any use or enjoyment that you may have already had out of the Goods;

14.7.2

Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

14.7.3

The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

14.7.4

Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

15. Privacy

Use of the Web Site is also governed by our http://www.nhsholidays.com/privacy-policy.aspx which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

16. Disclaimers

16.1

Nationwide Holiday Service Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

16.2

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

16.3

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

17. Changes to the Service and these Terms and Conditions

Nationwide Holiday Service Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If Nationwide Holiday Service Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

18. Availability of the Web Site

The Service is provided "as is" and on an "as seen" basis. We give no warranty that the Service 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.

Nationwide Holiday Service Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1

To the maximum extent permitted by law, Nationwide Holiday Service Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

19.2

Nothing in these Terms and Conditions excludes or restricts Nationwide Holiday Service Limited's liability for death or personal injury resulting from any negligence or fraud on the part of Nationwide Holiday Service Limited.

19.3

Nothing in these Terms and Conditions excludes or restricts Nationwide Holiday Service Limited's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

19.4

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to admin@nhsholidays.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

23. Law and Jurisdiction

These terms and conditions and the relationship between you and Nationwide Holiday Service Limited shall be governed by and construed in accordance with the Law of England and Wales and Nationwide Holiday Service Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.