Do As The Locals Do Terms & Conditions of Use
Website terms, conditions and notices of business
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents (including tourist information and foreign travel advice) of the Website under the domain name www.doasthelocalsdo.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Diya Innovations Ltd.
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, including, but not limited to, access to any travel advice or local, tourist information posted here, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website, including, but not limited to, holiday and foreign travel advice and local, tourist information, for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs, graphical images, local, tourist information and foreign travel advice) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website (including, but not limited to, holiday or travel advice or general tourist information) may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from the 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; or
(b) for which you have not obtained all necessary licences and/or approvals (e.g. copyrighted local, tourist information or travel advice); or
(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 any 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).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
4.5 By submitting travel advice, tourist information, local information, journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, photographs, information, data, software, messages or other materials to the Website, you warrant that use of such content will not infringe the intellectual property rights of or otherwise violate the rights of any third party.
5. Links to and from other websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does 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 the Website, you do so entirely at your own risk.
5.2 If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Diya Innovations Ltd logo or the www.doasthelocalsdo.com logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Diya Innovations Ltd trade marks or www.doasthelocalsdo.com trade marks displayed on the Website without express written permission from the Company;
(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.
5.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
6. Registration to our website
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you. You are responsible for all activity occurring though use of your account and/or password. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify the Company of any actual or suspected unauthorised use of your account and password. The Company will not be responsible for any loss to your arising from your failure to comply with the above. You represent that you are of sufficient legal age to use the Website.
7.1 The Company may terminate these terms and conditions and/or the provision of any of the services at any time for any reason. Additionally, the Company may suspend or terminate your membership and/or deny your access to, or use of Website content (including, but not limited to, local, tourist information and travel advice) or submission of member content to the Website, without prior notice and in its sole discretion, if the Company reasonably believes that:
- your conduct violated any provision of these terms and conditions;
- your conduct violated the Company’s or any third-parties' rights; or
- it is inappropriate for you to enjoy continued access to or use of the Website.
7.2 Such termination shall not affect any right to relief to which the Company, its affiliates or its third party providers and distributors may be entitled at law or in equity.
Notwithstanding the foregoing, the Company reserves the right to terminate the membership of inactive members. You agree that upon termination, the Company may delete all information (including, but not limited to, travel advice and local, tourist information) related to you or your membership and may deny you access to such information and the Website.
7.3 Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to the Company, its affiliates and its third party providers or distributors, as applicable.
8.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not guarantee, warrant or endorse the reliability, accuracy and completeness of any of the material (e.g. local, tourist information and travel advice) on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
8.2 The material (such as travel advice and local, tourist information) on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes 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 this legal notice, might have effect in relation to the Website. Although the Company intends to take reasonable measures to prevent the introduction of destructive materials to the Website, the Company does not warrant that the Website will be uninterrupted or free from error or destructive materials. The Company will not be liable or responsible for any loss suffered or allegedly suffered in the event of a failure or interruption of the Website or resulting from the act or omission of any other party involved in making the Website available to you, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any supplier providing software or services support.
8.3 You understand and agree that you download or otherwise obtain material (e.g. local, tourist information and travel advice) or data through the use of the Website at your own discretion and risk and any reliance on the site content posted by the Company and/or any third parties will be at your own risk. You agree that you will be solely responsible for any damages to your computer system or for any loss of data that results from download of any such material or data.
8.4 Without limiting the foregoing, under no circumstances shall the Company or its affiliates, licensors, content providers or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, laboUr disputes, riots, insurrections, civil disturbances, shortages of laboUr or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's 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 the Website (or the travel advice and local, tourist information contained on it) in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the 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 the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material (including, but not limited to, travel advice and tourist information from locals) on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 27.01.2010
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