Terms & Conditions Force Travel Club
Eric Ormerod trading as Ormerod & Associates - Force Travel Club (hereinafter “the firm”)
I/we request The Firm to display the advertisement upon their website (www.forcetravelclub.co.uk) for the initial period of 12/24 months from the advert going live and I/we agree to make payments set out in this agreement. I/we agree that only the representations that I/we rely on in entering this agreement are contained herein. I/we confirm that I/we are duly authorized to enter this agreement that I/we understand that it is binding upon signature and incorporates the following terms and conditions. I/we agree to upload our own information on to the Force Travel Club web site on receipt of our user name and password. The Firm can provide the advertiser with a proof.
My signature on the booking form or my confirmation E-Mail also evidences my agreement on the terms herein. This agreement is not subject to cancellation after 14 days from confirmation of your booking
Terms and Conditions:
1) The contract is law enforceable and not subject to cancellation after 14 days from confirmation of your booking. A refund of any monies paid shall be made to the Advertiser on competition of The Firm’s Order Cancellation Form.
2) The Advertiser agrees, unless authorised by The Firm’s agent, to upload their own information (text, pictures, prices and availability calendar on to the Force Travel Club web site on receipt of their user name and password.
3) No Advertiser shall enjoy preferential position on the Force Travel Club website. All adverts are in alphabetical order.
4) The Firm reserve the right to withhold, withdraw or refuse any advertisements before going live on the Force Travel Club website.
5) The Firm reserve the right to change the shape, size, title and locale of the advertisement or the media used to display it.
6) The design, coding and content shall not be copied, reused, licensed or sold by the Advertiser without the expressed written
consent of The Firm.
7) Passwords and usernames for the Advertiser’s Contact Management System will be sent by E-Mail. The Firm shall not divulge the username or password to anyone except those who have a role in maintaining the Advertiser’s listing. The Advertiser undertakes to ensure that the username and password are kept securely. The Firm shall use reasonable methods in order to prevent unauthorised access to the Advertiser’s Contact Management System or data.
8) The Advertiser shall be responsible for all content updated through the Contact Management System and agrees not to include any material that may be considered to be of an offensive nature. Furthermore, the Advertiser indemnifies The Firm against any claims how ever arising in respect of content on the Advertiser’s listing where such content is under the control of the Advertiser. This includes, but is not restricted to, third party copyrighted material and this clause shall remain in effect following the termination of this agreement.
9) It is agreed and declared that this agreement contains all terms and conditions between the parties hereto and The Firm have made no warranty (oral or otherwise) except as expressly stated herein, and it is further agreed and declared that no monopoly rights shall be enjoyed by the Advertiser unless endorsed on the agreement and initialled by The Firm’s agent.
10) Where the business of the Advertiser is taken over by a new proprietor (or where his business ceases or the nature of the business changes) the Advertiser shall never the less remain fully liable under this Agreement, unless the new proprietor notifies The Firm by recorded delivery of his intention to accept as his responsibility, the terms already agreed with The Firm by the Advertiser. Should, however, the new Proprietor default in the performance of the Agreement the Advertiser will remain liable for any loss sustained by The Firm.
11) All invoices to addresses in the United Kingdom are subject to Value Added Tax (which will be charged at the current government rate). Invoices addressed outside the UK are subject to proof of residency and avoidance of VAT
12) Each party acknowledges and agrees to act in accordance with its responsibilities under the prevailing UK and European data protection laws.
13) The Firm shall not be liable for any economic, indirect consequential loss or damages including, but not limited to, loss of profits, business, revenue, goodwill, contracts, nor the loss of the use of any equipment or services or loss of operational time or availability.
14) The Firm shall not be liable for any loss of, including damage to or corruption of, Advertiser’s or third party data howsoever caused, except where such loss can be proved to be caused by the negligence of The Firm’s employees, agents or sub-contractors and provision of this clause shall remain in effect following the termination of this agreement.
15) The Firm shall use reasonable endeavours to ensure that the Advertiser’s listing is available 99% of the time excluding periods of scheduled maintenance. The Firm shall not be responsible for downtime where such downtime is the result of acts or omissions of third parties, telecommunications failures or force majeure.
16) No notice to The Firm or the Advertiser shall be binding, valid or effective unless sent by recorded delivery post to the registered office of the Company or the address of the Advertiser as set out overleaf (as the case may be).
17) Should act of God, War or the Queen’s enemies. or Act of Parliament or other Government action, strike action. postal delay, extreme weather conditions, force mejure, disaster conditions, or any other reasons beyond control of The Firm occur, The Firm shall be excused from carrying out the conditions of this Agreement until a normal situation has returned.
18) By agreeing to be bound by these terms and conditions, you are consenting to us collecting and storing certain personal data about you. This data will be used to provide the service applied for and may be stored by The Firm to keep you informed of products and services which may be of interest to you. This data will not be used other than in the normal course of our business. If you do not wish to receive such information, all you need to do is write to let us know. If you wish to receive details of personal data held about you by us, you may write to request this.
19) This Agreement shall in all respects be construed as an English Contract subject to English Law.