booze-cruise.net
TERMS AND CONDITIONS OF USE
NOTICE: You must read these Terms and Conditions before
using booze-cruise.net. By visiting booze-cruise.net you agree to be
bound by the Terms and Conditions set out below. It is recommended that
you print this page for your own records
1. Definitions
"You" means the user,
"We" means the owners, operators and employees of
booze-cruise.net,
"booze-cruise.net" means the web site operated by
booze-cruise.net
and through which the Services are provided,
"Services" means the content, and other services provided on
the booze-cruise.net web site.
"The Publisher" means booze-cruise.net and
its owners, operators and employees.
2. The Services
1. We agree to provide the Services as described in these Terms
and Conditions.
2. booze-cruise.net and the Services are provided on an ‘as
is’ and ‘as available’ basis.
3. Your Obligations
You:
1 . agree to use booze-cruise.net or the Services in accordance
with all relevant laws and not for any illegal purpose;
2 . agree not to use booze-cruise.net or the Services to post
any material which is unlawful, harassing, abusive, threatening,
harmful, vulgar, defamatory, offensive, or of an obscene or
menacing character, or in such a way as to cause annoyance,
inconvenience or needless anxiety;
3 . agree that in the event that you have any right, claim or
action against any user arising out of the use of booze-cruise.net
or the Services, then you will pursue such right, claim or action
independently and without recourse to us;
4 . are responsible for procuring the necessary equipment, including
a computer and modem, and the payment of telephone charges necessary
to access booze-cruise.net and the Services;
5. agree that if placing an advertisement or price list that
it shall be decent and honest and comply with the relevant legislation.
You further agree that the details given in any price list will
be updated within a reasonable time when the prices of goods
in your store change.
4. Disclaimer of Warranties
1. We make no warranties or representations, whether express
or implied, in relation to booze-cruise.net or the Services,
including, but not limited to, implied warranties or conditions
of completeness, non-infringement, merchantability, accuracy,
satisfactory quality and/or fitness for a particular purpose.
2. We make no warranty that booze-cruise.net or the Services
will meet your requirements or will be uninterrupted, timely,
secure or error-free.
3. No warranty is given by us as to the results that may be
obtained or the accuracy or reliability of any information obtained
through booze-cruise.net or the Services.
4. You expressly agree that the use by you of booze-cruise.net
and the Services is at your sole risk.
5. No advice or information, whether oral or written, obtained
by you from booze-cruise.net or through the Services shall create
or be deemed to create any warranty not expressly made herein.
6. Information
pertaining to the outlets and stores is provided in good faith
and is subject to change without notice. This includes but is
not limited to prices and opening times which may fluctuate
through the year. Visitors are advised to check with the stores
before travelling at all times, but particularly around Public
Holidays.
5. Limitation of Liability
1. You agree that, except for death and personal injury arising
from our negligence, We shall not be liable in contract, tort,
negligence, statutory duty or otherwise, for any loss or damage
whatsoever arising from or in any way connected with this contract,
including, without limitation, damage for loss of business,
loss of profits, business interruption, loss of business information,
wasted expense, financial loss, any loss that is not reasonably
foreseeable, or any other pecuniary loss (even where we have
been advised of the possibility of such loss or damage).
2. You further agree that we shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting
from the use by you, or your inability to use, booze-cruise.net
or the Services, or for the cost of procuring substitute goods
and/or services. Such exclusions shall include damages for loss
of data or other intangible assets.
3. You agree not to hold us liable for any loss or damage incurred
as a result of any dealings you may have with others via the
Services.
4. Each of the exclusions of liability shall be construed separately,
and even if any one or more of them proves to be unenforceable,
the others shall remain in full force and effect
6. Your Data
1. We will comply with the relevant and current Data Protection
laws, so normally any personal details to be provided to us
will not be disclosed to third parties without your consent.
Further, we will not normally, edit or disclose the contents
of your private communications unless required to do so by law.
2. However, you should be aware that if we are requested by
the police or regulatory or government authority in investigating
illegal activities to provide information concerning your activities
whilst using booze-cruise.net we shall do so. Similarly, we
will disclose your personal data if we am compelled to do so
by law; or to protect and defend our rights or property; or
the rights or property of booze-cruise.net or, in extreme circumstances,
to protect the personal safety of other users of booze-cruise.net
or the public;
3 booze-cruise.net reserves the right to intercept inappropriate
posts and not publish. The decision as to the appropriateness
or otherwise of these communications rests solely with booze-cruise.net.
4. Messages sent via our Tell A Friend page must not be considered
to be private or secure. Such communications will be monitored
by booze-cruise.net in order to confirm that they confirm to
our terms and conditions.
7.
Indemnity
You agree to indemnify and to hold us harmless immediately on demand,
against all claims, liability, damages, costs and expenses, including
legal fees, arising out of any breach of these Terms and Conditions by
you, the infringement by you or by any other user of the Services using
your computer, of any intellectual property or other right of any person
or entity, or any other liabilities arising out of your use of
booze-cruise.net
or the Services.
9. Our Rights
We reserve the right to modify or discontinue, temporarily or
permanently, booze-cruise.net or the Services with or without
notice to you and you confirm that we shall not be liable to
you or any third party for any modification to or discontinuance
of booze-cruise.net or the Services.
We reserve the right to refuse to publish advertisements we
consider unsuitable for this site.
Free advertisements may be withdrawn by us at any time.
10. No Waiver
No waiver by me shall be construed as a waiver of any preceding or subsequent
breach of any provision. Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by me in
writing.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement between the
parties with respect to their subject matter and exclude any representations
and warranties previously given or made other than any negligent or fraudulent
misrepresentation.
12. Choice of Law
These Terms and Conditions shall be governed by English law and you hereby
irrevocably submit to the exclusive jurisdiction of the English Courts.
13. Interpretation
The headings contained in these Terms and Conditions are solely used for
the convenience of the parties and have no legal or contractual significance
and shall not affect its interpretation.
14. Commencement of Proceedings
Legal proceedings in respect of any cause of action arising out of or
related to the Services must be commenced within one year after the relevant
cause of action arose, otherwise such cause of action shall be permanently
barred.
15. Assignment
We reserve the right to assign, subcontract or otherwise deal with all
or any of our rights and obligations in these Terms and Conditions to any
third party without prior notice to you.
16. External Links
booze-cruise.net accepts no responsibility for the content
of links included on the web site. Further, no liability will be accepted
by us for the failure of any persons or businesses outside our direct
control to fulfil orders, services or any other obligation. Use of the
said links is at the users sole risk.
17. Message Boards including the Guest Book, Forum
and Best Buys Board
The use of our message boards will be subject to these condition in
addition to those set out in the specific
Message Board Terms and Conditions page.
18. Copyright
All original material on this web site is copyright, booze-cruise.net
2004, and all rights are reserved. No part of this site may
be copied or reproduced without the express permission of the
owners or their representative.
The use of copyright materials
on this web site does not constitute a challenge to that copyright
ownership.
19. Health and Safety
Alcohol abuse can be dangerous. We do not seek to encourage
excessive use of alcohol. Responsible use of alcohol is recommended.
Furthermore, we are opposed to bootlegging and we strongly encourage
our visitors not to exceed Her Majesty's Customs and Excise
guidelines relating to the amount that can be legally imported.
Visitors to this site who exceed the guidelines or who import
illegally, do so at their own risk. Booze-cruise.net will not
accept responsibility for the consequences of such action.
Booze cruise.net discourages the use of mobile phone equipment
where such use would be unsafe.
20.
Mobile Service
All standard terms and conditions apply to our Mobile Phone
Service (WAP). In addition, we
make no guarantee as to the availability of the service. Users
are responsible for charges made by their mobile network operators,
along with any roaming charges. Operators' standard charges
apply.
Users
are responsible for ensuring that their mobile telephone equipment
and Service Provider enable the use of WAP services while abroad.
21. Changes to these Terms
and Conditions
These terms and conditions are subject to change without
notice.
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