Site Terms and Conditions

Please note these are the terms and conditions of using this website, not the terms and conditions of booking and staying in our cottage.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to West Bay Cottage’s use of cookies in accordance with the terms of West Bay Cottage’s privacy policy and cookies policy.

License to use website

Unless otherwise stated, West Bay Cottage and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without westbaycottage.co.uk’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without West Bay Cottage’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.

West Bay Cottage makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, West Bay Cottage does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

West Bay Cottage will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if West Bay Cottage has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit West Bay Cottages’ liability in respect of any:

  • death or personal injury caused by West Bay Cottage’s negligence;
  • fraud or fraudulent misrepresentation on the part of West Bay Cottage; or
  • matter which it would be illegal or unlawful for West Bay Cottage to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, West Bay Cottage has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against West Bay Cottage officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect West Bay Cottage’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as West Bay Cottage.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify West Bay Cottage and undertake to keep West Bay Cottage indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by West Bay Cottage to a third party in settlement of a claim or dispute on the advice of West Bay Cottage’s legal advisers) incurred or suffered by West Bay Cottage arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to West Bay Cottage’s other rights under these terms and conditions, if you breach these terms and conditions in any way, West Bay Cottage may take such action as West Bay Cottage deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Copyright Notice

Copyright © 2018 West Bay Cottage

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by West Bay Cottage.

Copyright license

West Bay Cottage grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

West Bay Cottage does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without westbaycottage’s prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to info@westbaycottage.co.uk.

Enforcement of copyright

West Bay Cottage takes the protection of its copyright very seriously.

If West Bay Cottage discovers that you have used its copyright materials in contravention of the license above, West Bay Cottage may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of West Bay Cottage’s copyright materials that contravenes or may contravene the license above, please report this by email to enquiries@westbaycottage.co.uk.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to enquiries@westbaycottage.co.uk.

Credit – this document was created using a Contractology template available at www.freenetlaw.com.