Terms and Conditions

Hoburne Limited is a company incorporated in England & Wales, company registration number 1102096 having its registered office at 261 Lymington Road, Highcliffe Christchurch Dorset BH23 5EE.

Hoburne has established this site (the "Site") for your personal information and communication. The Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing the Site, you accept these Terms and Conditions.

Introduction

1.1 Hoburne Limited is a company incorporated in England & Wales, company registration number 1102096 having its registered office at 261 Lymington Road, Highcliffe Christchurch Dorset BH23 5EE ("Hoburne"). Hoburne's VAT number is GB 355 815 732.

1.2 Hoburne has established this site (the "Site") for your personal information and communication and also so that you can participate in our community, and where relevant, receive messages from Hoburne and other users of the Site (the "Hoburne Community"). Unless otherwise stated or the context otherwise requires the Site relates to the business of Hoburne Limited in the United Kingdom only.
1.3 The Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. Please read these Terms and Conditions carefully before you start to use the Site. By accessing and using the Site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please do not use the Site.

Accessing the Site

2.1 Access to the Site is permitted on a temporary basis and Hoburne reserves the right to withdraw or amend the service Hoburne provides on the Site without notice (see below). Hoburne will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2 From time to time, Hoburne may restrict access to some parts of the Site, or the entire site, to users who have registered to join the Hoburne Community.
2.3 When you join the Hoburne Community you will be provided with a username and password for security purposes as part of the "Create and account" registration process. When you are provided with a username, password or any other piece of information as part of this process, you must treat such information as confidential, and you must not disclose it to any third party. Hoburne has the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
2.4 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Intellectual property rights

3.1 Hoburne is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. In particular, the design and content of the Site is protected by copyright owned by Hoburne or a member of the Hoburne group of companies ("Hoburne Group") or is used under licence from a third party. Neither the content nor any part of it may be used except as provided in these Terms and Conditions and provided for in the text on the Site without prior written permission of Hoburne. Hoburne neither guarantees nor represents that your use of materials displayed on the Site will not infringe any third party rights.
3.2 The Trade Marks and logos (the "Trade Marks") displayed on the Site include the registered and unregistered Trade Marks of the Hoburne Group and other businesses. Nothing in these Terms and Conditions on the Site may be construed as granting any licence or right to use any of the Trade Marks without the prior written permission of Hoburne or other proprietor of the Trade Marks. Any use of the Trade Marks or any other content on the Site except as provided in these Terms and Conditions is strictly prohibited.
3.3 You may, subject to paragraph 3.2, download one copy of the materials contained in or displayed on the Site and print off pages of the Site for non-commercial personal use only provided that:
3.3.1 you do not remove or alter any copyright and other proprietary notices contained on the materials; and
3.3.2 all use is for lawful purposes only.
3.4 Neither the content of the Site nor any part of it may be distributed, reproduced, modified, transmitted, reused, re-posted or used (whether in whole or in part) for public or commercial purposes without our prior written permission.
3.5 If you download any software from the Site, the software, including all files, images, contained in or generated by the software and accompanying data (together, the "Software") are deemed to be licensed to you by Hoburne. Neither title nor any intellectual property rights are transferred to you, but remain with Hoburne. You may not copy, resell, decompile, reverse engineer, disassemble, modify or otherwise convert the Software in any way. Either of us may terminate the licence at any time immediately with or without notice and on such termination you must destroy all materials including (but not limited to) the Software obtained from the Site and all copies.
3.6 You must not modify the paper or digital copies of any materials 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.
3.7 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.8 You must not use any part of the materials, content and/or Software on the Site for public or commercial purposes without obtaining a licence to do so from us or our licensors.
3.9 If you print off, copy or download any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials, content and/or Software you have made.

Reliance on information posted

Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. Hoburne therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

Site changes

Hoburne aims to update the Site regularly, and may change the content at any time. If the need arises, Hoburne may suspend access to the Site, or close it indefinitely. You should be aware that any of the material, content and/or Software on the Site may be out of date at any given time, and Hoburne is under no obligation to update such material or otherwise.

Our liability

6.1 The materials contained in or displayed on the Site are provided "as is" and without guarantees, conditions, warranties or representations of any kind either expressed or implied. Hoburne disclaims all guarantees of satisfactory quality and fitness for a particular purpose. Hoburne does not guarantee that the functions contained in the materials will be uninterrupted or error-free.
6.2 To the extent permitted by law, Hoburne, other members of the Hoburne Group and third parties connected to Hoburne hereby expressly exclude:
6.2.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.2.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including:
6.2.2.1 loss of income or revenue;
6.2.2.2 loss of business;
6.2.2.3 loss of profits or contracts;
6.2.2.4 loss of anticipated savings;
6.2.2.5 loss of data;
6.2.2.6 loss of goodwill;
6.2.2.7 wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for direct financial loss that are not excluded by any of the categories set out above.
6.3 This does not affect our liability under the booking terms and conditions and our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to the Site

Hoburne processes information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions concluded through the Site

Contracts for booking holidays formed through the Site are governed by our terms and conditions.

User Material and Conduct in the Hoburne Community

9.1 Where you join the Hoburne Community you are permitted to submit photos and other forms of content and information to the Site. Any information, communication or material you upload and/or transmit to the Site including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and non-proprietary but we shall comply with our privacy policy in respect of any personal information you send us. Anything you upload, transmit or post shall, subject to our privacy policy, become the exclusive property of and may be used by Hoburne or other members of the Hoburne Community or Group or on behalf of either at any time and for any purpose, including, but not limited to, copying, reproduction, distribution to third parties, transmission, publication and broadcast.
9.2 When you upload material, in particular photos, to the Site you consent to and agree that Hoburne has the right to use, copy, distribute, store and disclose to third parties any such material for any purpose including without limitation, marketing.
9.3 Hoburne has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy or otherwise.
9.4 Hoburne is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such ideas, information or otherwise.
9.5 Hoburne will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
9.6 The material you submit to the Site may be made available to other registered users of the Site who are also part of the Hoburne Community under these Terms and Conditions, as updated from time to time, to which you agree. For the avoidance of doubt, Hoburne has no obligation to publish any photos or other material, content or information which you may make available to the Site. Hoburne reserves the right to withhold, remove, modify, moderate or discard any such photos, material, content or information without giving you notice. You have the right to withdraw your material or parts of it at any time by editing your details or deleting your profile in the "My account" section of the Hoburne Community.
9.7 In using the Site, you agree that you are prohibited from posting or transmitting to or from the Site (including in any mails or in any blog or forum areas) any material (including without limitation photos):
9.7.1 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
9.7.2 for which you have not obtained all necessary licences and/or approvals; or
9.7.3 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 the UK or any other country in the world; or
9.7.4 which is technically harmful as set out in paragraph 10 below.
9.8 In using the Site, you agree that you may only use it for lawful purposes and that you shall not use the Site:
9.8.1 in any way that breaches any applicable local, national or international law or regulation;
9.8.2 in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect;
9.8.3 for the purpose of harming or attempting to harm minors in any way; or
9.8.4 to transmit, or procure the sending of, any solicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
9.9 Hoburne is under no obligation to verify the identity of any user of the Site, neither does Hoburne have any obligation to monitor the use of the Site or of any facilities, services or functions that Hoburne makes available on or via the Site for the benefit of users from time to time. Accordingly, Hoburne assumes no responsibility or liability arising from the content on the Site nor identity theft or any other misuse of your identity. You are responsible for the content of your material and for any harm or loss it causes. You understand and agree that the views posted on the Site by other users - in particular as part of the "Share your opinions" discussions - do not necessarily represent the views of Hoburne.
9.10 You may not misuse the Site (including, without limitation, by hacking or any denial of service activity).
9.11 Hoburne shall fully co-operate with any law enforcement authorities or court order requesting or directing Hoburne to disclose the identity or locate anyone posting any material in breach of paragraph 9 and/or 10.

Viruses, hacking and other offences

10.1 You must not misuse the Site 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 the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Hoburne will report any such breach to the relevant law enforcement authorities and Hoburne will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
10.3 Hoburne and any other party involved in producing or delivering the Site assume no responsibility, and shall not be liable for any loss or damage to, or viruses that may infect, your computer equipment, computer programs, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any website linked to it.

Suspension and termination

11.1 Without limitation, failure to comply with paragraphs 9 and/or 10 constitutes a material breach of these Terms and Conditions and may result in Hoburne taking all or any of the following actions:
11.1.1 immediate, temporary or permanent withdrawal of your right to use the Site;
11.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
11.1.3 issue of a warning to you;
11.1.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
11.1.5 further legal action against you; and
11.1.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.2 Hoburne excludes liability for actions taken in response to breaches of paragraphs 9 and/or 10 of these Terms and Conditions. The responses described above are not limited, and Hoburne may take any other action it reasonably deems appropriate.

Linking to and from the Site

12.1 You may link to Hoburne's home page, provided you do so in a way that is fair and legal and does not damage Hoburne's 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 Hoburne's part where none exists.
12.2 You must not establish a link from any website that is not owned by you.
12.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. Hoburne reserves the right to withdraw linking permission without notice.
12.4 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Hoburne has 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.
12.5 Hoburne has not reviewed any sites linked to the Site and is not responsible for and does not endorse the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is entirely at your own risk.

Variations

Hoburne has the right to revise and amend these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any changes Hoburne has made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Site.

Communications

Hoburne controls and operates this site from its registered office stated above. All communications regarding this website should be emailed to webmaster@hoburne.com or sent to Customer Services, Hoburne Limited, 261 Lymington Road, Highcliffe Dorset BH23 5EE. This also applies to enquiries regarding your personal information and/or our privacy policy.

Applicable laws, governing law and jurisdiction

15.1 You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Site.
15.2 Any use of the Site shall be subject to the laws of England and any dispute arising from such use or otherwise in connection with the Site shall be subject to the exclusive jurisdiction of the courts of England.
15.3 These Terms and Conditions 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 English law. By accessing the Site, you agree to submit to the exclusive jurisdiction of the English Courts.

Online dispute resolution

http://ec.europa.eu/consumers/odr/