MyFavouritePubWalks.com Terms and Conditions

(Last updated April 18, 2009)

Welcome to the MyFavouritePubWalks.com website terms and conditions for use. These terms and conditions apply to the use of this website at MyFavouritePubWalks.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The MyFavouritePubWalks.com Website is owned and operated by Trailblazing Ltd, a company registered in England and Wales, whose registered office is at Norwood, Southdown Road, Shawford, Winchester, Hampshire, United Kingdom, SO21 2BX. Our company registration number is 5921609.

Our contact details are as follows:
Trading address: Norwood, Southdown Road, Shawford, Winchester, Hants. United Kingdom, SO21 2BX.
General email: leigh@myfavouritepubwalks.com
Telephone number: 01962 711705

1. INTRODUCTION
1.1 The term "MyFavouritePubWalks.com" or "MyFavouritePubWalks.co.uk" or "us" or "we" refers to Trailblazing Ltd as the owner of the Website. The term "contributor" refers to anyone adding a pub walk or other downloadable product to the MyFavouritePubWalks.com database. The term "you" refers to the user or viewer of our Website and includes contributors.
1.2 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.3 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have canceled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorization for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING 3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the latest pricing will be displayed on this website.

4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to leigh@myfavouritepubwalks.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 365 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

5. LICENSE
5.1 You are permitted to print and download extracts from this Website for your own use in accordance with the Copyright Notice and on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary except as specifically stated in section 8 of these Terms and Conditions. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. CONTRIBUTORS OF PUB WALKS OR OTHER DOWNLOADABLE PRODUCTS TO THIS WEBSITE
8.1 Contributors of pub walks and other information to the Website must register first as a user of this site and register second as a contributor. Anyone accepted as a contributor will be granted access to a secure area of the site for the purpose of adding pub walks or other products to the MyFavouritePubWalks.com database. This access is at our absolute discretion and we may withdraw it without notice.
8.2 Pub walks added to the site by contributors themselves using this access will qualify contributors for the profit sharing arrangements. Where a contributor asks us to add pub walks to the site on his behalf then he will only qualify for the profit sharing arrangements if we have expressly agreed to this and notified the contributor of this in writing.
8.3 The accuracy of the information regarding any pub walk is the sole responsibility of the contributor and no responsibility is accepted by MyFavouritePubWalks.com or its associates for any of the content of pub walks nor for any injury or loss that may result from the pub walks being undertaken.
8.4 Contributors warrant that they own the copyright of their pub walks and agree to grant MyFavouritePubWalks.com a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use the work in any way that helps to promote either the pub walk or the purposes of MyFavouritePubWalks.com or both. Contributors also agree that editorial revisions to the walk may be made by MyFavouritePubWalks.com before or after publication on the site. By submitting a pub walk, the Contributor warrants that the words, maps and pictures are entirely their own work and have not been copied from another source unless the Contributor owns the rights to do so. Contributors also agree to indemnify MyFavouritePubWalks.com against all legal fees, damages and other expenses that may be incurred by MyFavouritePubWalks.com as a result of their breach of the above warranty.

9. PROFIT SHARING ARRANGEMENTS
9.1 The first accounts of Trailblazing Ltd will be prepared to 31 December 2007 and then annually thereafter and these will include but may not be limited to the financial results of this site. A separate calculation of the profits of this website will be made each calendar year for the purpose of distributing 50% of the site profits to contributors of pub walks to this site. The calculation of profits for this purpose will be income less expenses and will generally follow standard accounting principles with some exceptions as set out in clauses 9.2 and 9.3. Once this calculation has been completed it will be independently audited by a qualified accountant within 2 months of the year end. A summary of the calculation will be provided to all those who have one or more of their pub walks appearing on the site during the relevant year. Pub walks submitted as "Free sample pub walks" which are available free of charge to all visitors are specifically excluded from these profit-sharing arrangements.
9.2 Income will include members subscriptions, pay-per-pubwalk, advertising revenue from publicans and any other amounts we decide to include from time to time. Income will not necessarily include all sources of revenue of Trailblazing Ltd.
9.3 Expenses will include all Website costs and license fees in the year that they are paid, marketing costs, information technology and administration costs, other tax-deductible expenses and depreciation. Expenses specifically exclude any drawings or salary of the site founder except for reimbursement of out of pocket expenses.
9.4 Contributors will receive a share of 50% of the profits based upon how many times their pub walks are downloaded during the relevant calendar year. Downloads include those made for free by subscribing members and those downloaded using the pay-per-pubwalk option.
9.5 The preferred method of payment will be by using Paypal but payments will also be made by direct credit to a contributor's bank account where requested. Other forms of payment may be considered at our discretion depending upon the type of request and the size of the payment. We will seek to make the profit-sharing payments within 3 months of the end of the relevant calendar year with this period being dependent upon the timely provision by contributors of their Paypal or bank account details that we request.
9.6 If a contributor does not wish to participate in the profit-sharing arrangement then they may elect for their payment to be made to their chosen good case or retained by us for offsetting against the following year's site expenses.
9.7 If MyFavouritePubWalks.com makes no profit in its first year of trading, the first period for profit sharing purposes will be extended to 31 December 2008.

10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the MyFavouritePubWalks.com logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any MyFavouritePubWalks.com trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

11. REGISTRATION
11.1 To register with MyFavouritePubWalks.com you must be over eighteen years of age.
11.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. DISCLAIMER
12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13. LIABILITY
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

15. MISCELLANEOUS
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.