TERMS & CONDITIONS OF USE
About these Terms & Conditions
TripAdvisor Ltd, also referred to below as the "Holiday Watchdog Team", operate the holidaywatchdog.com web site (the "Web Site"), which is intended as a tool to help users plan their holidays.
USERS are those persons who visit the Web Site and/or access its contents and/or read or make postings on the Web Site. Users who register by providing personal details ("Registered Users") will be given usernames and passwords and only Registered Users will be permitted to make postings to the Web Site.
We, the Holiday Watchdog Team, offer the use of our Web Site subject to the following terms. These terms govern the use made by you, the user of the Web Site, whether or not as a Registered User. By making use of the Web Site you indicate your acceptance of and enter into an agreement to be legally bound by these terms, which shall take effect immediately upon your first use of the Web Site. You must read these terms carefully and satisfy yourself that you understand them before using the Web Site. Once you have entered into this agreement your use of the Web Site is governed entirely by these terms and you must perform your obligations set out below as long as you continue to use the Web Site. If you do not agree to be legally bound by all the following terms please do not access and/or otherwise make use of the Web Site. If you wish to register, so as to be able to post your comments on the Web Site, you will be asked to expressly confirm your acceptance of these terms before being permitted to complete the registration process.
We reserve the right to change these terms from time to time and when we deem necessary. In the event of any such change or changes, the amended Terms and Conditions of Use shall be published on the Web Site and the date of the last amendment indicated in the amended document in the section entitled "Variations" at paragraph 13. We may contact you to inform you of these changes but we are not required to do so and it is your responsibility to review the Terms and Conditions of Use regularly. You will be deemed to have accepted a variation if you continue to use the Web Site after changes in the terms have been posted and your continued use of the Web Site constitutes your acceptance of any and all changes to the terms published prior to each and every use made by you.
Limitation of Use
Except as may be provided for below, you warrant that you will not copy, publish, broadcast, display, distribute, transmit or otherwise disseminate, reproduce, license, transfer, assign or sell any material, data, software, programs or services or edit or otherwise interfere with any software or programs contained in or obtained from or through your use of the Web Site.
If you are in the process of registering or you are a Registered User, you warrant that you will not disclose your password to any other person or permit any other person to make any use whatsoever of any facilities made available to you by the Holiday Watchdog Team by reason of your registration.
When you register, you provide us with your contact details. You represent and warrant that any and all information about yourself that you supply to us or that you supply to any other party through your use of the Web Site is true and accurate.
You agree to update your personal details if they should change in any way.
Our aim is that the information contained on the Web Site is accurate. We wish to allow Registered Users to express their honestly held opinions. However, Registered Users' postings represent the opinions and experience of the posters and not those of the Holiday Watchdog Team and we do not accept any responsibility for inaccurate information.
The Web Site is not intended to be a forum for people to publish malicious, hateful or otherwise unlawful remarks. We reserve the right, but have no obligation, to read and/or edit and/or delete any data or image or text within our control or otherwise restrict its dissemination if, in our absolute discretion, it is deemed to be unacceptable. If we consider that a posting is in breach of the Terms and Conditions of Use, we reserve the right but have no obligation to refuse to publish it on the Web Site or to amend the posting prior to publication. We may notify you if we have amended your posting but we are not obliged to do so.
You warrant that you will not use this Web Site in a manner or for any purpose that is unlawful and/or a criminal offence in England and Wales or to post or otherwise disseminate any material that is defamatory of any person or legal entity (irrespective of justification) or indecent or obscene or racist or offensive or threatening or menacing or abusive or likely to cause annoyance or anxiety to others.
Furthermore, if you access the Web Site from any other legal jurisdiction, you are responsible for complying with the laws of that jurisdiction and you warrant that your use will comply with those laws and agree to indemnify us in respect of any liability (whether criminal or civil) arising from your use in that jurisdiction.
Intellectual Property and Rights of other Users
We believe that it is very important that the rights of others are respected. You warrant not to use the Web Site in a manner that infringes any person's copyrights or other intellectual property rights or interferes with another user's lawful use of the Web Site or infringes any person's privacy. You agree only to submit your postings for publication if you are sure that you own the copyright or that you have the permission of the owner to post the material. Copyright is held by us. Alternatively you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format.
Breach of Warranty
You acknowledge that any breach of the warranties set out above as to the manner or purpose of your use of the Web Site may cause us damage or loss and you agree fully to indemnify us and to keep us indemnified at all times against all claims, third party liabilities, costs, actions, proceedings, demands, losses, damages, expenses, legal fees and disbursements incurred or sustained by us, including consequential losses, arising out of your use of the Web Site (or that of any other person to whom you have given your password or otherwise authorised or permitted to access using your username).
Storage of your information
When you register and when you make postings to our Web Site we collect information about you. The information we collect is stored for our purposes only. We respect your personal data and are committed to protecting your privacy and we take all reasonable steps to keep your details safe. We will comply with the Data Protection Act 1998 and any data protection statutory requirements applicable to England and Wales currently in force. We will not share your information with others without your prior consent. We will not normally pass on your details to anyone else but we reserve the right to disclose any material under our control, including personal data about you, to a relevant person if you breach these Terms and Conditions of Use and/or when required by statute, rule of law in England and Wales or court order or when such disclosure is requested by the police or other regulatory authority or is necessary for the purpose of any civil or criminal legal proceedings or for any other purpose permitted for the disclosure of personal information by s.35 of the Data Protection Act 1998. Please read our privacy statement.
While we will take appropriate action if notified of the inaccuracy of data which is supplied on or through the Web Site, any such data (including personal information) may include inaccuracies and errors and omissions, in respect of which we shall have no liability. In particular, you may not rely upon the truthfulness or accuracy of any statement made by a user on or through the Web Site. You are solely responsible for ascertaining or checking the truth or accuracy of all such material and you agree to accept sole responsibility for any decisions you may make in reliance upon such material. We make no representations or warranties as to the accuracy of such material and disclaim any such implied warranties.
Tripadvisor Limited and our suppliers and agents make no representations or warranties about the reliability or suitability of any software accessible on or through the Web Site and disclaim any such implied warranties.
We will endeavour to maintain the operation of the Web Site but from time to time we may need to suspend it without notice in order to carry out maintenance and improvements and we may be prevented from operating by causes beyond our reasonable control (including, without limitation, strikes; labour disputes; acts of God; fire; flood; storm; war; riot; civil action; malicious damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure). We do not accept responsibility for any interruptions or failures in the Web Site.
We are not responsible to you or anyone else for any loss, direct, indirect, consequential, special or general damages, liability, cost, disbursement or expense incurred in connection with your use of the Web Site or any software accessible through the Web Site or any delay in accessing or inability to access the Web Site or your reliance upon any of its content.
Nothing in these terms and conditions excludes or limits our liability for any death or personal injury caused by negligence on our part or liability for fraudulent misrepresentation.
Third party advertisements
Third parties who submit material to us for advertisement on the Web Site are solely responsible for the content of such material, including ensuring that it complies with all relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
We take copyright, defamation and other laws seriously. If you become aware of any material on the Web Site that you believe infringes your legal rights you should immediately notify us about the material. We will investigate all complaints and may at our sole discretion take remedial action, including but not limited to removing the material in question. Depending on what action if any we decide to take, we may contact you to explain our decision but we are not obliged to do so.
Please see our Notice and Takedown Procedure and follow the relevant instructions.
You can send written complaints by post to:
7 Soho Square
or by using the form on our Help Centre (marked to the attention of Complaints)
Termination of Use
We reserve the right to suspend, restrict or terminate your use of the Web Site or any portion thereof at any time and without notice in the event of:
(i) any breach by you of these Terms and Conditions of Use;
(ii) the use of your password by any person other than you.
(iii) any other act which we consider, in our sole discretion, to be a misuse or abuse of the Web Site;
You may terminate your use of the Web Site at any time without notice.
Governing Law & Jurisdiction
This agreement and the operation of and facilities provided by the Web Site are governed by English law. You hereby irrevocably consent to the exclusive jurisdiction of the English courts in all claims or disputes arising out of your use of the Web Site.
If any part of the agreement between us is found by any competent authority to be invalid or unenforceable, this will not affect the validity and enforceability of the remainder of the agreement, which shall continue in effect.
Any delay or failure by us in enforcing any right under this agreement is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced by us.
This document constitutes the entire agreement between the user and Tripadvisor Limited (the Holiday Watchdog Team) with respect to use of the Web Site and supersedes all prior agreements between us if any.
Nothing in this contract is intended to confer any rights on any third parties.
There are no current variations to the terms and conditions.