8TH DAY ADVENTURE LIMITED MARKETING AND LISTING TERMS AND CONDITIONS
These Terms and Conditions set out the terms for the provision of marketing and listing services – including internet advertising – by 8th Day Adventure Ltd, who own and operate the website www.8thdayadventure.co.uk (the Website), to You – the Client. These will apply to any order placed by the Client to appear on the Website, whether as a free listing or a paid for transaction for marketing listing or for advertising.
Where the terms of the order placed by the Client requires it 8th Day Adventure Ltd will provide the Client with access to a secure account page area dedicated to that Client’s use. The Client will keep its User Name and Password secure and will administer and manage the page(s) and maintain accuracy and respond promptly to enquiries or leads.
1. Account Management
1.1 The Client will be solely responsible for the upkeep and maintenance of their account on the Website, including monitoring and responding to enquiries, and to updating amending and correcting any information as required. 8th Day Adventure Ltd will provide the Client with secure access to its account pages on the Website to enable it to do so, and will endeavor to review and/or approve all new advertisements within 2 working days of submission or sooner where possible.
2 Charity Challenge and Tour Operator Advertising
2.1 This section applies to any Clients listing under the Charity Challenge or Holidays sections of the Website, on either the Premium or Standard advertising package as set out on the Website from time to time.
2.2 Subject to the terms of the package purchased by the Client, 8th Day Adventure Ltd will permit the Client to post information for events and holidays on pages on the Website in accordance with the package and will provide the ability for the Client to receive registrations and enquiries direct from the Website.
2.3 8th Day Adventure Ltd will – where applicable for the package – also post details of the Clients events or holidays on other suitable website pages at its discretion and in the Newsletter.
2.4 The Client will ensure that all information and content is accurate and appropriate, and where changes are made will forthwith update the Website accordingly via their secure account page.
2.5 The Client will respond to all registrations and enquiries in a timely manner and is responsible for all follow up with the User.
2.6 8th Day Adventure Ltd reserves the right to remove any content deemed inappropriate or offensive, or inaccurate or out of date, and no refunds will be given in such circumstances.
3. Events, Clubs, Accommodation and Activity Provider Advertising
3.1 This section applies to any Clients listing under the Events, Clubs, Accommodation or Activity Providers sections of the Website, as a free listing.
3.2 8th Day Adventure Ltd will allow the Client to post details qualifying for this category on the relevant pages of the Website, and 8th Day Adventure will provide a facility for the Client to receive registrations and enquiries direct from the Website.
3.3 The Client will ensure that all information is accurate and appropriate, and where changes are made will forthwith update the Website accordingly via their secure account page.
3.4 The Client will respond to all registrations and enquiries in a timely manner and is responsible for all follow up with the User.
3.5 8th Day Adventure Ltd reserves the right to remove any content deemed inappropriate or offensive or inaccurate or out of date.
4. Banner Or Newsletter Advertising
4.1 The Client shall supply any advertisements to 8th Day Adventure Ltd in a form and manner appropriate to the order and the guidance stated on the Website. 8th Day Adventure Ltd will post the advertisement in the specified area of the website or in the Newsletter. 8th Day Adventure Ltd reserves the right to remove or refuse the use of any advertisement deemed offensive or inappropriate for whatever reason.
4.2 The Client is responsible for tracking the clicks and impressions and response resulting from the advertisement.
5. Payment Terms
5.1 Payment for all marketing, listing and advertising services will be done online and in advance. Due to the nature of the site once a payment has been made and accepted no refunds can be given.
6. Limitation of Liability
6.1 8th Day Adventure Ltd disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and implied warranties arising from course of dealing or course of performance.
6.2 Nothing in these conditions excludes or limits the liability of 8th Day Adventure Ltd for any matter for which it would be illegal to exclude or attempt to exclude liability or for fraud or fraudulent misrepresentation. Subject to that the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligation shall be limited to the refund of the fee paid or the supply of a replacement advertisement or entry. 8th Day Adventure Ltd shall not be liable to the Client for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with its supply of services.
6.3 8th Day Adventure Ltd shall not be responsible for any content added to a Client’s page or listing by a User or other third party, including by way of example instagram feeds or the number of Users who ‘Recommend’ the listing or event.
7. Intellectual Property
7.1 The Client hereby licences any and all intellectual property rights (including but not limited to patent rights, trademarks, copyrights and design rights) which it uses for the services provided by 8th Day Adventure Ltd to 8th Day Adventure Ltd for the purpose of performing the obligations as set out in the Terms and Conditions and the Order and warrants it is entitled to the use and transfer of such rights for that purpose for an indefinite period and will indemnify 8th Day Adventure Ltd in the event of any breach.
8. Content Standards
8.1 These content standards apply to any and all material which the Client contributes to the Website (contributions), and to any interactive services associated with it.
8.2 The Client will comply with the spirit as well as the letter of the following standards . The standards apply to each part of any contribution as well as to its whole.
8.3 The Client agrees that its contributions will:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
8.4 The Client agrees that the contributions will not:
* Contain any material which is defamatory of any person.
* Contain any material which is obscene, offensive, hateful or inflammatory.
* Promote sexually explicit material.
* Promote violence.
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
* Infringe any copyright, database right or trade mark of any other person.
* Be likely to deceive any person.
* Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
* Promote any illegal activity.
* Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
* Be likely to harass, upset, embarrass, alarm or annoy any other person.
* Be used to impersonate any person, or to misrepresent the Client’s identity or affiliation with any person.
* Give the impression that they emanate from 8th Day Adventure Ltd or associated companies, if this is not the case.
* Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the Client owns or controls the rights thereto or has received all necessary consents.Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Conduct or forward surveys, contests, pyramid schemes or chain letters
* Download any file posted by another user of the Website that the Client knows, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Website. Violate any code of conduct or other guidelines which may be applicable for the Website. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
8.5 8th Day Adventure Ltd is under no obligation to monitor the contributions but reserves the right to review the contributions and to remove them.
8.6 8th Day Adventure also reserves the right to terminate access to any or all of the Website at any time for breach of these terms and conditions
9 Delayed Delivery; Force Majeure etc 9.1 Delay or failure of 8th Day Adventure Ltd to comply with any obligation hereunder whether for marketing services or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond its control will not involve liability on the part of 8th Day Adventure Ltd and it shall be entitled as its option to cancel the order or any part thereof or to postpone provision of the service
10.1 Throughout the time when 8th Day Adventure Ltd is providing the services to the Client under this agreement and for a period of 2 years thereafter the Client agrees not to disclose or reveal to any other party, or make public any confidential information of 8th Day Adventure Ltd including but not limited to all information received in connection with the business, products and services of 8th Day Adventure Ltd.
10.2 This provision shall not apply to information that is already in the public domain or is required to be disclosed by an order of a court or by law.
11.1 Any notices required under these Terms and Conditions or by law shall be by electronic mail and shall be deemed delivered upon transmission to the Client to the email address specified in the Order or to 8th Day Adventure ltd contact address specified at the time on the Website, unless there is a failed transmission response when the sender shall send the notice by first class pre paid post to the last known business address of the other party
12.1 This agreement may be terminated on notice to the other party in accordance with these terms and conditions or with terms specified in the order; or forthwith by written notice if the other party has committed a material breach of the Order or these Terms and Conditions, which (in the case of a breach capable of being remedied) has not been remedied within thirty (30) days of a written request to remedy the breach.
12.2 8th Day Adventure Ltd reserves the right, in its sole discretion, to restrict, suspend or terminate the provision of the marketing, listing and advertising services to the Client on all and any part of the Website for any reason (including but not limited to an insolvency event, failure to provide information or material required , breach of the security or content requirements of this agreement or late payment) without any prior notice or any liability.
12.3 Upon termination 8th Day Adventure Ltd may invoice the Client for any cancellation or other outstanding charges.
13.1 8th Day Adventure Ltd may amend these Terms at any time by giving the Client notice (“Notice”) by either e-mail or by posting the amended Terms on the Website. Any amended Terms will govern new transactions from the date that it is posted on the website. The amended terms will apply to agreements ongoing at the expiration of 30 days from the notice
13.2 Each right or remedy of 8th Day Adventure Ltd under these Terms and Conditions is without prejudice to any other right or remedy which 8th Day Adventure Ltd may have whether under the Terms or not.
13.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
13.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
13.5 These terms and conditions and the supply of the services will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
13.6 Neither party intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom 8th Day Adventure Ltd transfers its rights under this Contract.
13.7 8th Day Adventure Ltd may assign the benefit of any contract to any person, firm or company and these terms and conditions will continue to apply unless otherwise varied in accordance with these terms or by agreement.
13.8 These Terms and Conditions and the Order constitute the complete and entire agreement between 8th Day Adventure Ltd and the Client, and shall supersede any and all prior agreements, whether written or oral, between the parties relating to the same subject matter.