Terms and Conditions

Welcome to ESCAPE TO ST IVES LIMITED trading as Cornish Escapes with an office at: Unit 1, Wheal Virgin House, Consols, St Ives, Cornwall, TR26 2HW, herein referred to as ‘ETSI’. The following are the rules or ‘Terms’ that govern use of www.cornish-escapes.com (‘Site’) by You. In these Terms, references to ‘You’ and ‘Your’ are references to the user i.e. the person visiting the Site and/or, where the visit is being made on behalf of a company, the relevant company. By using or visiting the Site, You expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. ETSI reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. You should read the Terms carefully and ensure that You understand their effect before proceeding to use the Site. If You disagree with any part of the Terms, do not use the Site. If You violate these Terms, ETSI may terminate Your use of the Site, bar You from future use of the Site, and/or take appropriate legal action against You.

1. PERMITTED USE OF THE SITE You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding Site images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than this. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by ETSI to do so. The content and software on this Site is the property of ETSI and/or its suppliers and is protected by UK and international copyright laws.

2. PROHIBITED USE OF THE SITE The following uses of the Site are strictly prohibited: Any sale, licensing, rental, distribution and any publication, posting, framing, reverse engineering or modification of or derivative works from the Site. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without ETSI’s express written consent. You must not use the Site to transmit or send unsolicited commercial communications. You must not use the Site for any purposes related to marketing without our express written consent. ETSI does not warrant the validity and accuracy of information on the Site or that the material is kept up-to-date.

3. INTELLECTUAL PROPERTY AND OWNERSHIP Unless otherwise stated, ETSI or its licensors are the exclusive owners of the intellectual property rights in the Site and the material on the Site which are copyright protected and reserved to ETSI. All of the written correspondence and other documentation provided as part of the Services is and remains the copyright of ETSI. Under no circumstances should any part of the Services or materials be reproduced, copied, re-sold, edited, published, transmitted or uploaded or passed on for free use by You in any way without ETSI’s written permission. Except as expressly stated in the limited licence provision of these Terms, ETSI does not grant any express or implied right to You under any of its trademarks, copyrights or other proprietary information.

4. CONDUCT You agree to provide true and accurate information when using the Site. You may NOT use another person’s email address or the name of another individual when using this Site and agree to notify ETSI immediately of any unauthorised use of Your email or any other breach of security. Although ETSI cannot monitor the conduct of users off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. ETSI will not be liable for any loss or damage arising from your failure to comply with this clause.

5. PRIVACY AND CONFIDENTIALITY These Terms incorporates the ETSI Privacy Policy, the ETSI Cookie Policy and the Guest Booking Terms and Conditions, by this reference.

6. DISCLAIMER
ETSI does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. The Site and its content are delivered on an ‘as-is’ and ‘as-available’ basis. ETSI cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. ETSI disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. ETSI will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. ETSI disclaims any and all liability for the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site.

7. HYPERLINKS AND SEARCH RESULTS The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and ETSI does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another site, You agree and understand that You may not make any claim against ETSI for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site.

8. SUSPENSION AND TERMINATION ETSI reserves the right to suspend or terminate Your access to the Site at any time.

9. INDEMNITY You agree to indemnify and hold ETSI harmless from any loss, liability, claim or demand, including reasonable legal fees, incurred by or asserted against ETSI, arising out of or in connection with (a) any breach of the Terms (and the Privacy Policy as duly incorporated) or breach of warranty by You or by Your acts or omissions; and, (b) any breach by a third party arising out of Your use of the Site, including also Your use of the Site to provide a link to another site or to upload content or other information to the Site.

10. LIMITATION OF LIABILITY ETSI will not be liable to You in contract, tort (including negligence) or otherwise for any direct or consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site.

11. ENTIRE AGREEMENT/ SEVERABILITY These Terms together with the ETSI Privacy Policy, the ETSI Cookie Policy and the Guest Booking Terms and Conditions constitutes the entire agreement between You and ETSI in relation to Your use of the Site and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.

12. THIRD PARTY RIGHTS You may enforce the Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
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13. LAW AND JURISDICTION All of these Terms are governed by English Law and any disputes arising in relation to the Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.