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Our Terms of Use

See also our Privacy Policy
See also our Cookie Information

1. Introduction

These terms of use govern your use of our website; by using our website, you acceptthese terms of use in full. If you disagree with these terms of use or any partof these terms of use, you must not use our website. 

You must be at least 18 years of age to use our website.  By using our websiteand by agreeing to these terms of use, you warrant and represent that you are atleast 18 years of age.

Our website uses cookies.  By using our website and agreeing to these termsof use, you consent to our use of cookies in accordance with the terms of our privacypolicy.

 

2. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rightsin the website and material on the website.  Subject to the licence below,all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or PDF’s fromthe website for your own personal use, subject to the restrictions set out belowand elsewhere in these terms of use.  

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website fora commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically andexpressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only beredistributed to your friends and family.

 

3. Acceptable use

You must not use our website in any way that causes, or may cause, damage to thewebsite or impairment of the availability or accessibility of the website; or inany way which is unlawful, illegal, fraudulent or harmful, or in connection withany unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publishor distribute any material which consists of (or is linked to) any spyware, computervirus, Trojan horse, worm, keystroke logger, rootkit or other malicious computersoftware.

You must not conduct any systematic or automated data collection activities (includingwithout limitation scraping, data mining, data extraction and data harvesting) onor in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our expresswritten consent.

 

4. Restricted access

Access to certain areas of our website is restricted.  We reserve the rightto restrict access to other areas of our website, or indeed our whole website, atour discretion.

If we provide you with a user ID and password to enable you to access restrictedareas of our website or other content or services, you must ensure that that userID and password is kept confidential.  

You must notify us in writing immediately if you become aware of any unauthoriseduse of your account or password.  

You are responsible for any activity on our website arising out of any failure tokeep your password confidential, and may be held liable for any losses arising outof such a failure.

You must not use any other person's user ID and password to access our website[,unless you have that person's express permission to do so].

We may disable your user ID and password in our sole discretion without notice orexplanation.

 

5. User generated content

In these terms of use, “your user content” means material (including without limitationtext, images, audio material, video material and audio-visual material) that yousubmit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence touse, reproduce, adapt, publish, translate and distribute your user content in anyexisting or future media.  You also grant to us the right to sub-license theserights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms ofuse.

Your user content must not be illegal or unlawful, must not infringe any third party'slegal rights, and must not be capable of giving rise to legal action whether againstyou or us or a third party (in each case under any applicable law).  

Your user content (and its publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, designright, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protectionlegislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence [in an explicit, graphic or gratuitous manner;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which maybe acted upon and could, if acted upon, cause illness, injury or death, or any otherloss or damage;

(p) constitute spam;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful,discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.]

Your user content must be appropriate, civil, tasteful and accord with generallyaccepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of orcontaining material that would, were it posted on our website, breach the provisionsof these terms of use.

You must not submit any user content to the website that is or has ever been thesubject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, orstored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content,we do not undertake to monitor the submission of such content to, or the publicationof such content on, our website.

 

6. Limited warranties

You acknowledge that some of the information published on this website is submittedby users, and that we do not usually review, approve or edit such information.  Wedo not warrant the completeness or accuracy of the information published on thiswebsite; nor do we commit to ensuring that the website remains available or thatthe material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations,warranties and conditions relating to this website and the use of this website (including,without limitation, any warranties implied by law of satisfactory quality, fitnessfor purpose and/or the use of reasonable care and skill).

 

7. Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability fordeath or personal injury resulting from negligence; (b) limit or exclude our oryour liability for fraud or fraudulent misrepresentation; (c) limit any of our oryour liabilities in any way that is not permitted under applicable law; or (d) excludeany of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewherein these terms of use: (a) are subject to the preceding paragraph; and (b) governall liabilities arising under the terms of use or in relation to the subject matterof the terms of use, including liabilities arising in contract, in tort (includingnegligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website areprovided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event orevents beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (withoutlimitation) loss of or damage to profits, income, revenue, use, production, anticipatedsavings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, databaseor software.

We will not be liable to you in respect of any special, indirect or consequentialloss or damage.

You accept that we have an interest in limiting the personal liability of our officersand employees.  Having regard to that interest, you accept that we are a limitedliability entity and agree that you will not bring any claim personally againstindividual officers or employees in respect of any losses you suffer in connectionwith the website or these terms of use.  This will not, of course, limit orexclude the liability of the company itself for the acts and omissions of our officersand employees.

You agree to the publication of comments, reviews and/or feedback relating to you,by others, on our website. You acknowledge that such comments, reviews and/or feedbackmay be critical or defamatory or otherwise unlawful; and you agree that you willnot hold us liable in respect of any such comments, reviews and/or feedback, irrespectiveof whether we are aware or ought to have been aware of such comments, reviews and/orfeedback.

 

8. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses,damages, costs, liabilities and expenses (including without limitation legal expensesand any amounts paid by us to a third party in settlement of a claim or disputeon the advice of our legal advisers) incurred or suffered by us arising out of anybreach by you of any provision of these terms of use, or arising out of any claimthat you have breached any provision of these terms of use.

 

9. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach theseterms of use in any way, or if we reasonably suspect that you have breached theseterms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your accessto the website; 

(f) bring court proceedings against you for breach of contract or otherwise; 

(g) suspend and/or delete your account with the website; and/or

(h) delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of ourwebsite, you must not take any action to circumvent such suspension or prohibitionor blocking (including without limitation creating and/or using a different account).

 

10. Third party websites and hyperlinks

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations.  We have no control over the contentsof third party websites, and we accept no responsibility for them or for any lossor damage that may arise from your use of them.

You may add hyperlinks directed at our website to your own website without our specificpermission, providing that:

(a) such hyperlinks; and 

(b) your website,

do not contain or include or link to any materials that would, if published on ourwebsite, breach these terms of use.

 

11. Trade marks

The Thinking Traveller, Think Sicily, and our logos are trade marksbelonging to us.  We give no permission for the use of these trade marks, andsuch use may constitute an infringement of our rights.  

The other registered and unregistered trade marks or service marks on our websiteare the property of their respective owners. Unless stated otherwise, we do notendorse and are not affiliated with any of the holders of any such rights and assuch we cannot grant any licence to exercise such rights.

 

12. Competitions

From time to time we may run competitions, free prize draws and/or other promotionson our website. These will be subject to separate terms and conditions (that wewill make available to you as appropriate).

 

13. Variation

We may revise these terms of use from time-to-time.  Revised terms of use willapply to the use of our website from the date of the publication of the revisedterms of use on our website.  Please check this page regularly to ensure youare familiar with the current version.

 

14. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligationsunder these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligationsunder these terms of use.  

 

15. Severability

If a provision of these terms of use is determined by any court or other competentauthority to be unlawful and/or unenforceable, the other provisions will continuein effect.  If any unlawful and/or unenforceable provision would be lawfulor enforceable if part of it were deleted, that part will be deemed to be deleted,and the rest of the provision will continue in effect. 

 

16. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefitany third party or be enforceable by any third party.  The exercise of ourand your rights in relation to these terms of use is not subject to the consentof any third party.

 

17. Entire agreement

These terms of use , together with our privacy policy, constitute the entire agreementbetween you and us in relation to your use of our website, and supersede all previousagreements in respect of your use of this website.

 

18. Law and jurisdiction

These terms of use will be governed by and construed in accordance with Englishlaw, and any disputes relating to these terms of use will be subject to the non-exclusivejurisdiction of the courts of England and Wales.

 

19. Registrations and authorisations

Our VAT number is GB801931750.

 

20. Our details

The full name of our company is The Thinking Traveller Ltd.  

We are registered in England & Wales under registration number 4421653.  

Our registered address is The Old Truman Brewery, 91-95 Brick Lane, London E1 6QL. 

You can contact us by email to info@thethinkingtraveller.com.