Terms and Conditions
These Terms and Conditions apply between you, the User of this Website, and Considerate Hoteliers Ltd, the owner and operator of this Website. Please read these terms and conditions carefully before you start to use the Website. By using our Website, 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 refrain from using our Website.
In these terms and conditions, ‘User’ or ‘Users’ means any third party that accesses the website. “Website” refers to the website of Considerate Hoteliers Ltd, located at www.fluttr-app.com, www.fluttr-app.com, www.fluttrapp.co.uk
‘Considerate Hoteliers Ltd’ is a limited company registered in England and Wales with registration number 7996155, whose registered address is C/O Oliver Phillips Ltd, Suite 20, 46 Aldgate High Street, London, EC3N 1AL. The trading address is located at 2 Eastbourne Terrace, London, W2 6LG.
For the purposes of these Terms and Conditions, “we” or “us” means Considerate Hoteliers and “you” means the User or Visitor.
All content included on the Website, unless uploaded by Users, is the property of Considerate Hoteliers Ltd, our affiliates or other relevant third parties. “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored on a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use this website, you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on this site without the owner’s prior written permission.
1. Licence to Use the Website
(a) Unless otherwise stated, Considerate Hoteliers Ltd or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
(b) The User may view, download for caching purposes only, and print pages from the Website for his/her own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
(c) The User must not:
(i) republish material from this Website (including republication on another website);
(ii) sell, rent or sub-license material from the Website;
(iii) show any material from the Website in public;
(iv) reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
(v) edit or otherwise modify any material on the Website; or
(vi) redistribute material from this Website except for content specifically and expressly made available for redistribution.
2. Acceptable Use
(a) The Visitor must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(b) The Visitor must not use the Website 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.
(c) The Visitor 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 Website without our express written consent.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Considerate Hoteliers Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Website
Those wishing to place a link to this Website from other sites may do so only to the home page of the Website without prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission.
We aim to update our Website regularly, and may change the Content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the Content on our Website may be out of date at any given time, and we are under no obligation to update such Content.
5. Limitation of Liability
(a) Considerate Hoteliers Ltd does not seek to limit liability for death or personal injury as a result of its negligence, or to exclude any liability that is prohibited from being excluded by law.
(b) The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. We will not be liable in any way or under any circumstances for any loss or damage that Visitors and other third parties may incur as a result of the Content, nor for any errors or omissions in such material or any other part of the Website. Use of and reliance on the Website and its Content is entirely at the risk of the visitor.
(c) The User understands and agrees that in no event will Considerate Hoteliers Ltd or its directors, employees or agents be liable to the User or any third person for any indirect, consequential, incidental, special or other damages, including for any lost profits, income, revenue, anticipated savings, goodwill, reputation or lost data arising from their use of the Considerate Hoteliers Website, or any of the content or other materials accessed through or downloaded from the Website.
(d) Considerate Hoteliers Ltd will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
(a) Considerate Hoteliers Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
(b) Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Services.
(c) No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
(d) Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security,
(e) We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7. Information About You
8. Governing Law / General Information
(a) These Terms and Conditions shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these Terms and Conditions, and the User’s use of the Website.
(b) The failure of Considerate Hoteliers Ltd to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
(c) If any provision of these Terms and Conditions is, for any reason found by a court of competent jurisdiction to be invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision, which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
(d) The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Considerate Hoteliers Website or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever invalid. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
(e) Considerate Hoteliers Ltd reserves the right to amend these Terms and Conditions at any time, without giving reasons. In the event of amendment, we will post the changes to these Terms and Conditions on this page and will indicate at the bottom of this page the date these terms were last revised. The User’s continued use of the Service or the Website after any such changes constitutes its acceptance of the new Terms and Conditions. It is the sole responsibility of the User to check this page regularly to determine if they are still in agreement with the Terms and Conditions. In the event that the User does not accept any amendments to the Terms and Conditions, they must cease to use the Website.
(f) Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Considerate Hoteliers Ltd.
(g) All notices / communications shall be given to us either by post to our address (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is received on a weekend or public holiday.
(Considerate Hoteliers Terms and Conditions – August 2019)