Terms of Service

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Terms of Use

Introduction

This page (together with the documents referred to on it) tells you the terms on which you may make use of our website at www.coldwire.co.uk (“our site”), our mobile applications (our “apps”), and any other Coldwire services which are available on our site or apps. Please read these Terms of Use carefully before you start to use our site or apps. By using our site or apps, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site or apps.

Information about us

The website at www.coldwire.co.uk and the Coldwire apps are operated by travelpayouts, to which the words “we”, “us” and “our” refer. The address of our registered office and principal place of business is Cherry Close, Harrowdene Road, North Wembley, HA0 2FL

We own and operate a family of international websites and apps. We display information on behalf of the travel industry, and we partner with many different travel providers. We are not a travel agent, and we do not sell tickets. If you have questions about these Terms of Use please contact us via by post (marked for the attention of the Cherry Close, Off Harrowdene Road, North Wembley Middlesex United Kingdom, HA0 2FL).

Accessing our site and apps

Access to our site and apps is permitted on a temporary basis, and we reserve the right to withdraw or amend the service that we provide on our site or apps without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site and apps. You are also responsible for ensuring that all persons who access our site and apps through your internet connection are aware of these terms, and that they comply with them.

Booking through Coldwire

If you make a booking for a travel product through our site or apps, that booking is made with the travel provider named on the booking page and our sites and apps only act as user interfaces. Accordingly we have no responsibility for the booking or the travel product because we have no involvement in creating the description of the travel product, in defining the price and any fees, and in providing the travel products that you book. If you have any issues or disputes around your booking and/or the travel product, you agree to address and resolve these with the travel provider and not with us.

Member accounts, passwords and security

Certain areas of the website or the app may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive a profile and you select your own password that will enable you to access all travel services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You agree that Coldwire cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

When you have logged in to your profile you will remain logged in until you log out even if you close the browser used by you.

Content submitted for inclusion on or for distribution through Coldwire

You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the website or the app or make available using the service, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. Coldwire does not claim ownership of content (including photos and graphics) you submit or make available for inclusion as part of our travel content. However, with respect to travel content you submit or make available for inclusion as part of Coldwire’ travel content, you grant Coldwire a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the destination to which such content was submitted.

This license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or Coldwire removes such content from the service. You agree to provide a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) you submit or make available for inclusion in “publicly accessible” areas of the service. “Publicly accessible” areas of the service are those areas that are intended by Coldwire to be available to the general public including travel content where the option to share travel content with the public has been selected. Publicly accessible areas do not include travel content that you have selected to keep as your favourite travel content. Coldwire does not control the content posted by third parties via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Coldwire be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.

 

Prohibited uses

You may use our site and apps only for lawful purposes. You may not use our site or apps:-

·         in any way that breaches any applicable law or regulation;

·         in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·         for the purpose of harming or attempting to harm anyone in any way;

·         other than with our prior express written permission) for any commercial or trading purpose, or for any use other than private use;

·         to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of similar solicitation (spam);

·         in contravention of any of these Terms of Use.

You acknowledge that Coldwire may or may not screen content, but that Coldwire has the right (but not the obligation) at its discretion to screen, refuse, or move any content that is available via the service. Without limiting the foregoing, Coldwire and its designees shall have the right to remove any content that violates these terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Coldwire or submitted to Coldwire.

Links from our site and apps

Where our site and apps contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

 Jurisdiction and applicable law

The British courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site and apps.

 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site and apps, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are expressly reserved.

You may print off one copy, and may download extracts, of any page(s) from our site and apps for your personal and private reference, and you may draw the attention of others within your organisation to material posted on our site and apps. In so doing, our status (and that of any identified contributors) as the authors of material on our site and apps must always be expressly acknowledged by you.

You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of our site and apps in breach of these terms of use, your right to use our site and apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The composite word-and-device “Coldwire” logo, and each element of it, are trade marks owned and used by us.

Our site and apps change regularly

We aim to update our site and apps regularly, and may change the content at any time. If the need arises, we may suspend access to our site and apps, or close them indefinitely. Any of the material on our site and apps may be out of date at any given time, and we are under no obligation to update such material.

Our liability

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

·         all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, whether relating to the accuracy of any material displayed on our site or to the accessibility of our site or otherwise howsoever;

·         any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site and apps or in connection with the use, inability to use, or results of the use of our site and apps, any websites linked to it and any commentaries or other materials posted on it (which, for the avoidance of doubt, are not intended to constitute advice on which any reliance should be placed), including without limitation any liability for:

·         loss of income or revenue;

·         loss of business;

·         loss of profits or contracts;

·         loss of anticipated savings;

·         loss of data;

·         loss of goodwill;

·         wasted management or office time; and

·         or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

·         This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site and apps

We process information about you in accordance with our privacy policy. By using our site and apps, you consent to such processing and you warrant that all data provided by you is accurate.

Termination

You agree that Coldwire may, at its sole discretion and without prior notice, immediately terminate your profile and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these terms of use or other Coldwire agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the services.

Termination of your profile includes (a) removal of access to all offerings within the service, including but not limited to your travel itineraries, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations for cause shall be made in Coldwire’ discretion and that Coldwire shall not be liable to you or any third-party for any termination of your profile or access to itineraries created using the service.

Viruses, hacking and other offences

You must not misuse our site and apps by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site and apps, the server on which our site and apps are stored or any server, computer or database connected to our site and apps. You must not attack our site and apps via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Indemnification

You agree to defend, indemnify and hold Coldwire harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties arising out of content you submit, post, transmit, or make available through the Coldwire website or app, your use of the service, (iii) any third party arising out of your use of the service or the use of the service by any person using your profile and/or password, or (iv) by third parties arising out of your breach of these terms of use, or your violation of any law or the rights of a third party.

Linking to our site and apps

You may link to our site and apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the home page of our site and apps from any website that is not owned by you.

Our site and apps must not be framed on any other site or app, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these Terms of Use.

If you wish to make any use of material on our site other than that set out above, please address your request to the Customer Services Manager at Cherry Close, , United Kingdom).

Your concerns

If you have any concerns about material which appears on our site and apps, please contact us via post (Cherry Close, Off Harrowdene Road, North Wembley, United Kingdom).

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