The Site is a Venue and We are Not a Party to any Hire Transaction.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a vehicle or hiring a leisure vehicle. We do not own or manage, nor can we contract for, any vehicle listed on the Site. Instead, the Site acts as a venue to allow companies and fleet agents who advertise on our Site (each, a "member") to offer for rent in a variety of pricing formats, a specific hire vehicle to potential hirers (each, a "traveller" and, collectively with a member, the "users"). We are not involved in any transaction between travellers and members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a traveller to enter into a transaction to lease a specific vehicle directly from a member. As a result, any part of an actual or potential transaction between a traveller and a member, including the quality, safety or legality of the vehicle advertised, the truth or accuracy of the listings (including the content thereof or any vehicle or review), the ability of members to rent a vehicle or the ability of travellers to pay for rental vehicle are solely the responsibility of each user.
We are also not responsible for the condition of the hire vehicle listed on our Site or the compliance with laws, rules or regulations that may be applicable to any holiday rental vehicle in any jurisdiction.
Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
Limited License to Use the Site
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorised by us in writing is expressly prohibited.
Unauthorised Uses of the Site
The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or hire vehicle adverts, or any subset of the same or which is in the business of providing vehicle rental services or other services that compete with us.
Unauthorised uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorised by us in writing:
- Any commercial use (other than by members with a fully paid up subscription in good standing (a "valid subscription") of the Site or any content on the Site
- Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a vehicle other than a vehicle listed under a valid subscription
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; Reverse engineer any part of the Site; Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site
- Use the Site and its inquiry functionality other than to advertise and/or hire vehicles, to make legitimate inquiries to our members or any other use expressly authorised on the Site
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability
- Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material
- Violate, plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights
- Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to email@example.com
Proprietary Rights and Downloading of Information from the Site.
The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.K. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
As part of the rental enquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form "© 2012 Bad Apple Media Ltd - All Rights Reserved", in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United Kingdom, including in the United States.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a traveller or member through the tools available on the Site.
You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorised users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER BAD APPLE MEDIA LTD NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORISED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORISED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORISED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH BAD APPLE MEDIA LTD AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorised or fraudulent manner.
Limitations on Communications and Use of Other Users
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has hired vehicle from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
Responsibility for User-Contributed Content; Translations
We have no duty to pre-screen content posted on the Site by members, travellers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, "user-contributed content") and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit member's content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
All vehicles listings on the Site are submitted by the member (who may be the owner or a fleet agent or duly authorised agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, vehicle reviews, guest book entries, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their vehicle information up-to-date on the Site, including, but not limited to any and all representations about any vehicle, its specification, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, vehicle reviews, guest book entries, vehicle location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travellers have searched for specific special offers, dates, or types of vehicle. Members are solely responsible for ensuring the accuracy of any vehicle descriptions, and travellers are solely responsible for verifying the accuracy of such descriptions.
If any content created by members or users is translated for display on any Site or any site of any affiliate of LeisureRentalsDirect.com, the member or user is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
Notification of Infringement; DMCA Policy
We respect the intellectual property rights of others, and we do not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. We will terminate, in appropriate circumstances, a member or traveller who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
Unsolicited Ideas and Feedback
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Bad Apple Media Ltd, without any compensation to you; (2) We may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Bad Apple Media Ltd to review any submission; and (4) there is no obligation to keep any submission confidential.
Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the feedback box in the operator dashboard. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
Links to Third Party Sites
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Limitation of Liability
IN NO EVENT WILL WE, THE SITE, OUR PARENT (Bad Apple Media Ltd.), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE BAD APPLE MEDIA LTD, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) £100.00 IN THE AGGREGATE FOR ALL CLAIMS. NOTHING IN THESE TERMS SHALL EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, NOR FOR OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION.
WE WARRANT THAT THE SITE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION OF MEETING OUR TECHNICAL SPECIFICATIONS FOR THE SITE, BUT WE CANNOT AND DO NOT GUARANTEE THAT THE SITE OR ANY OF ITS CONTENT OR FUNCTIONS WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS RELATING TO THE SITE OR ANY OF ITS CONTENT, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW. . TERMS EXCLUDED INCLUDE ANY AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE WILL TAKE REASONABLE STEPS TO AVOID OURSELVES INTRODUCING VIRUSES OR OTHER HARMFUL COMPONENTS TO THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING VEHICLE LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL VEHICLE OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE AND DISCHARGE US AND ANY MEMBER OF THE BAD APPLE MEDIA LTD, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE. YOU HEREBY AGREE TO INDEMNIFY US AND ANY MEMBER OF THE BAD APPLE MEDIA LTD (COLLECTIVELY, THE "INDEMNIFIED PARTIES") AGAINST ALL LIABILITY INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT ANY BREACH BY YOU OR THROUGH YOUR ACCOUNT OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. 15. Choice of Law and Forum; Time Limit. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES AND SUBJECT TO THE NON-EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Notices: Except as explicitly stated otherwise, any notices to us shall be given by email here or by postal mail to: