1. Introduction 1.1 Access to and use by you of this site is subject to these Terms and Conditions. 1.2 Use of this site constitutes your acceptance of these Terms and Conditions that take effect when you first use this site. 1.3 Please read these Terms and Conditions carefully. Before downloading a Trail or creating a personalised Trail online you will be required to click a box to confirm that you that agree with these Terms and Conditions. 1.4 Treasure Trails reserves the right to change these Terms and Conditions at any time. You are responsible for checking this site to obtain notice of any such changes. Continued use by you of this site following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes. 1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. 1.6 These Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions. 1.7 The failure of Treasure Trails to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
2. Access to this site 2.1 Whilst Treasure Trails endeavours to ensure that this site is normally available 24 hours a day, Treasure Trails will not be liable if for any reason the site is unavailable at any time or for any period. Treasure Trails does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that this website cannot be tampered with by third parties. 2.2 Access to this site may be suspended temporarily or permanently and without notice. Treasure Trails may terminate use of the service with or without cause at any time and effective immediately, at Treasure Trails’ sole discretion. Treasure Trails shall not be liable to the user or any third party for termination of service.
3. Information and Links on this site 3.1 Whilst Treasure Trails endeavours to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and Treasure Trails does not accept any liability for error or omission. 3.2 This site contains links to third party websites which are controlled and operated by parties other than Treasure Trails. Treasure Trails is not responsible for the contents of any linked site. Access by you to a linked site is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this site comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material. 3.3 Treasure Trails accepts no liability whatsoever and gives no warranty in relation to any goods or services sold by third parties to you through advertising on this site. 3.4 The inclusion of any link to a third party site or of advertising of third party goods or services on this site does not imply any endorsement by Treasure Trails of the linked site or of any advertised goods or services. 3.5 We welcome the reporting of any errors found in our site or information relating to Trails. Please get in touch using the Contact Us form.
4. Limitation and Exclusion of Treasure Trails’ Liability 4.1 Treasure Trails shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material. 4.2 Nothing in these Terms and Conditions shall limit Treasure Trails’ liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights. 4.3 Treasure Trails’ entire liability to you in contract, tort (including negligence) or otherwise in relation to this site shall be limited to £1,000.00 for any one incident or series of related incidents. 4.4 Save as expressly set out in these Terms and Conditions all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law. 4.5 Users of any Trail purchased from Treasure Trails are solely responsible for the safety of themselves and their party whilst on a Trail. We cannot be held responsible for any loss or damage to property, or accident or injury to life and limb incurred whilst on a Trail.
5. Use by you of this site 5.1 You must use this site in a lawful manner consistent with all applicable laws and regulations. 5.2 You must not use this site or any services on this site: 5.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches of any other person’s intellectual property rights; 5.2.2 to send unsolicited emails or messages or to collect or store personal data about other users of this site without their consent or for any other purpose in breach of the Data Protection Act 1998; 5.2.3 to carry out any activities to obtain lists of users; 5.2.4 to use or transmit through this site any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this site; 5.2.5 to do anything that imposes an unreasonable load on this site. 5.3 You agree to indemnify Treasure Trails and hold Treasure Trails harmless against any claims, and reasonable costs or expenses resulting from your use of this site or services on this site in breach of clause 5. 5.4 Use by you of this site in breach of this clause 5 entitles Treasure Trails to terminate immediately your access permission to this site.
6. Proprietary Rights 6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this site, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of Treasure Trails. 6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any Trails purchased from Treasure Trails (including personalised Trails) and any other documents or items prepared or produced in relation to the Trails belong to us absolutely, subject to any copyright in any images which may be uploaded for the purposes of creating a personalised Trail. The names, images and logos identifying Treasure Trails are propriety marks of Treasure Trails. 6.3 You are permitted to print and download extracts, personalised Trails from this site only on the following bases: 6.3.1 use of documents and related graphics on this site, downloads or creations from this site are for personal non-commercial use only; 6.3.2 any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use; 6.3.3 no documents, personalised Trails or related graphics on this site are to be modified in any way; 6.3.4 no part of this site or any Trails downloaded or created from the site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Treasure Trails’ prior written permission. 6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this site or from Trails downloaded or created from this site are prohibited without the prior express written authorisation of Treasure Trails. 6.5 Any rights not expressly granted in these Terms and Conditions are reserved to Treasure Trails.
7. Personalised Trails 7.1 Subject to these Terms and Conditions you may upload to the website, for the purposes of creating a personalised Trail, digital images in JPEG format and provide names and details of those you wish to appear in your personalised Trail. 7.2 By uploading digital images to the website to create a personalised Trail you warrant that you have obtained all the necessary third party consents to permit you to do so, and that by using the digital images in your personalised Trail does not infringe the rights of any third party. 7.3 You agree to indemnify Treasure Trails and hold Treasure Trails harmless against any claims, reasonable costs or expenses resulting from any breach of clause 7.2. 7.3 You are not allowed to upload any images or data which contain: (a) material which is defamatory of any person; (b) material which is pornographic, obscene, indecent or offensive; (c) material which discriminates based on sex, religion, nationality, disability, sexual orientation or age; (d) blasphemous material; or (e) material, the use or inclusion of which, infringes any copyright, trademark, database, or other intellectual property right of any third party. 7.4 We may edit or refuse to use any data or images uploaded to our website to create a personalised Trail at our sole discretion. 7.5 You will retain any intellectual property rights including copyright in any images uploaded to the website for the purposes of creating a personalised Trail where you already own such rights. 7.6 Personal data provided to create personalised Trails will be used in accordance with our privacy and data protection policies as set out below. 7.7 All images and text uploaded to the Treasure Trails website for the purposes of creating a personalised Trail will be stored on Treasure Trails’ secure server for 30 days after the personalised Trail has been dispatched. 7.8 In addition to storing the information detailed in clause 7.7 Treasure Trails will also store on their secure server a pdf format of the personailsed Trail for 30 days after the Trail has been dispatched.
10. Refund, Cancellation and Replacement Policy 10.1 Treasure Trails does not offer refunds for any Trails downloaded or personalised Trails created. 10.2 Cancellation of an order is only possible up to the point of payment. Once payment has been made, and the download screen is accessed, cancellation is not possible. 10.3 Replacement of downloaded Trails and personalised Trails will be dealt with on a case-by-case basis. In all instances contact us for more details.
11. Currency and Export Restrictions 11.1 All orders processed through this site will be conducted using GBP. 11.2 All Trails are located in the UK and export restrictions do not apply.
12. Access Policy Click here for full details of our Access Statement.
13. Environmental Policy Click here for full details of our Environmental Statement.
www.treasuretrails.co.uk is published by Treasure Trails, whose address is 5-6 Dowren House, Foundry Lane, Hayle, Cornwall, TR27 4HD.
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