Listing Terms and Conditions
Last Updated: November, 2017.
Please read these Listing Terms and Conditions carefully.
These Listing Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to posting and listing Hot tubs for hire (“Hot tubs”) on www.donnyhottubs.co.uk (the “Website”) operated by Donny Hottubs, a United Kingdom company based in, United Kingdom (“Donny Hottubs,” “we,” “us,” or “our”).
These Terms and Conditions are the “Agreement” between Donny Hottubs, and you or the entity you represent (“you”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
By accessing the Website, listing and/or viewing Hot tub listings, you agree to be bound by the terms and conditions of this Agreement.
1. Donny Hottubs is a Platform
- a) Donny Hottubs acts as a platform (“Platform”) through which registered Advertisers (“Advertisers”) who comply with our policies, can list and advertise their Hot tubs for hire.
- b) Donny Hottubs is not directly involved in the interaction nor is it involved in the transaction between you and the Advertisers. As a result, Donny Hottubs has no control over the quality, safety or legality of any aspect of the Hot tubs listed on the Website, the truth or accuracy of such listings, and the ability of the Advertisers to make available the hired Hot tubs. Donny Hottubs cannot guarantee that an Advertiser will actually complete any transaction.
- c) You agree that Donny Hottubs is a Platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted on the Website.
2. Account registration
- a) Anyone can access Donny Hottubs. However, to list your Hot tub, you will need to register by signing up and creating a user account. For that purpose, you must be at least 18 years of age.
- b) To create an account, please go to the Sign-Up During the registration process, you will be asked to confirm your acceptance of this Agreement.
- c) You must make sure that all the information you provide when you register with Donny Hottubs is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you must update your account.
- d) Your account is for your personal use only. To help us maintain the security of Donny Hottubs, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Donny Hottubs as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so.
- e) If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
- f) In the event that you have, or we have reason to believe that you have breached, or will breach this Agreement, we may terminate or suspend your registration and/or access to Donny Hottubs and/or to any content made available on Donny Hottubs.
3. Listing and Listing Packages
- a) Once you have registered for a user account, you can list your Hot tub on the Website, using the functionality we provide. All listed Hot tubs shall be made available through a publically accessible webpage on the Website.
- b) To post a listing, you must choose between three available Listing Packages, these are:
- i) Free: Free Listing for unlimited days, no contacts or map can be displayed;
- ii) 7-Day Saver: £15 per Listing for a duration of 7 days; or
- iii) £1 Per Day: £28 per Package valid for a duration of 28 days.
- c) Please note that we may at our absolute discretion refuse any type of listing package to any Advertiser, and we shall not be obliged to state our reasons for such refusal.
4. Listing Packages Rules
- a) Unpaid Listing Packages shall continue unless they are terminated by either party in accordance with the terms of this Agreement.
- b) All paid Listing Packages shall commence from the date on which full payment is received by Donny Hottubs, and shall continue for the period depicted by the listing package taken. Upon the expiry of such said period, unless we have received notice from you for renewal, your paid Listing Package shall automatically expire and cease to be displayed on the Website.
- c) Either you or Donny Hottubs may terminate a paid Listing Package in accordance with the termination provisions provided in this Agreement.
5. Listing Fees
- a) The fee for any paid Listing Package shall be as set out on our Website at the time that you make payment for the paid Listing Package. We reserve the right to change such fees from time to time and without notice.
- b) All fees are exclusive of VAT or any other applicable sales tax in any jurisdiction unless specified otherwise on our Website. Fees are also exclusive of all taxes, duties and levies of any kind (including withholding tax) which for the avoidance of doubt, you shall be liable to pay.
- a) All payments for paid Listing Packages must be made in pound sterling (£). You will be responsible for any currency conversion charges.
- b) The applicable fees for your paid Listing Package will be debited from your credit / debit card or online account, before you commence the order process for paid Listing Packages.
- c) Any fees charged by your debit or credit card provider in connection with your order for a paid Listing Package are for your own account and Donny Hottubs shall not be responsible for these.
- d) All transactions on the Website are processed using third party payment processors which are secure online payment gateways that encrypt your payment details in a secure host environment. You are responsible for any transaction fees imposed by such payment gateways.
- a) You may within twenty (24) hours of completing the online application for a paid Listing Package, cancel your paid Listing Package. To cancel your paid Listing Package, you must Contact Us within the aforementioned time period providing clear notice of your wish to cancel your paid Listing Package.
- b) If we receive notice of cancellation of your paid Listing Package in accordance with paragraph Section 7(a), we will refund the listing fee you paid back to your account within 14 days of our receipt of such notice. You are responsible for any charges to be incurred as a result of such refund.
- a) You may terminate your account or free Listing Package by contacting us, and we may terminate your user account or free Listing Package at any time without notice to you by removing your listing from our Website.
- b) You may terminate your paid Listing Package at any time by contacting us and providing us with clear notice of your wish to terminate your paid Listing Package. Subject to Section 7 above, no refund of any fee will be provided on termination. Such termination of your paid Listing Package shall be effective from the date on which we remove your paid Listing Package from the Website.
9. Termination Implications
- a) If you provide notice to terminate your paid Listing Package, you shall continue to have a user account and a free Listing Package on our Website (unless you notify us of your wish to be removed from the Website in accordance with Section 8 above), and this Agreement shall continue to apply to your user account and free Listing Package.
- b) We may terminate your user account, paid Listing Package and this Agreement without notice and without any liability to make any refund or other payment to you in the following circumstances:
- i) You have breached these the terms of this Agreement in any way;
- ii) You are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
- iii) Your user account or listing package may in our reasonable opinion adversely affect our goodwill or reputation; or
- iv) You or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
10. Consequences of termination
- a) Upon termination of this Agreement, your right to use the registered user sections of our Website shall immediately cease. We have no obligation to maintain any of your posted content or any content within your listing.
- b) Termination of this Agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.
11. Listing Content
- a) We may in our absolute discretion accept Listing Content including all text, information, images, audio or video material in whatever medium or form we choose to accept (collectively, “Content”) from you for publication on our Website on paid Listing Packages. Any excluded Content will not be published if you have chosen to take out a free Listing Package.
- b) If we accept Content from you for publication on our Website, you grant to us a non-exclusive licence to distribute the Content on the Website and such other media as we shall decide, in return for crediting you for the Content.
- c) The licence granted under this condition permits us to:
- i) Modify, electronically reproduce and distribute, and publicly display the Content on the Website (including packaging the Content with other Content from third parties); and
- ii) Reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, the Website.
- d) If you submit Content to our Website, you shall be responsible for the accuracy and completeness of the Content. We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party.
- e) If we believe that any Content may create any liability for us or adversely affect the Website’s reputation or standing, we may remove the Content or such part of the Content as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
- f) We do not undertake to distribute or display the Content on the Website or otherwise make use of it, nor do we undertake that the Website will be operational at all times.
12. Intellectual Property
- a) We are the owner or the licensee of all intellectual property rights in our Website, and in all of the material published on it (except for the Content described in Section 11 above). The Website and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.
- b) You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our Website.
- c) You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our Website (including any advertising on our Website or Content you submit to our Website).
- d) You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our Website and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).
- e) We reserve the right to change the format, style and layout of our Website and any advertisement, listing or Content submitted by you as we see fit. You must not reproduce in any format (including on another website) any part of our Website (including content, designs, look and feel) without our prior written consent.
13. Representation and Warranties
- a) You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into this Agreement.
- b) You warrant that all information that you have provided us with or have submitted to our Website is true and accurate and not misleading in any way.
- c) You warrant that in using our Website you will comply at all times with all applicable law and regulations and advertising codes of conduct.
- d) You warrant that any website owned or controlled by you that is listed on our Website is free from illegal, defamatory or tortious content.
14. Limitation of liability
- a) Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our Website (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
- b) In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current Listing Package.
- c) You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our Website by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
- d) We have not verified or performed any checks on registered users or other users of the Website who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our Website. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties.
You hereby agree to, at all times during and after the term of this Agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions.
16. Additional Provisions
16.1 Third Party Links
- a) You acknowledge that Donny Hottubs may include links to third-party Websites. We do not review these third-party Websites nor have any control over them, and we are not responsible for the Websites or their content or availability.
- b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
16.2 Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control, including (but not restricted to) fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central Government or other competent authorities.
16.3 Discrimination and Limitation of Liability
- a) The Website and the Platform is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- b) To the extent permitted by law, Donny Hottubs will not be liable for any indirect or consequential loss or whatever damage (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website
- c) Donny Hottubs makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else, which may be harmful or destructive.
16.4 Copyright complaints
- a) We respect the intellectual property rights of others, and we prohibit users of Donny Hottubs from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
- b) It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us.
- c) Additionally, it is our policy to terminate usage rights and any applicable accounts of Advertisers we determine to be repeat infringers of others’ copyrights.
17. General complaints and requests for further information
- a) We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
- b) If you have any general complaints or wish to request further information about Donny Hottubs, please contact us and we will do our best to resolve these.
- c) Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to, and provide you with feedback as soon as reasonably possible.
18. Force Majeure
Donny Hottubs shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
19. Governing Law and Dispute Resolution
- a) You agree that the laws and regulations of England and Wales govern this Agreement, its subject matter, and any claim or dispute that you may have against us.
- b) You further agree that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and Donny Hottubs, prior to resorting to Arbitration in accordance with English Law rules and procedures.
- a) We may modify or change any part of this Agreement at any time, without prior notice. You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes.
- b) If you continue to access the Website after we make any changes to this Agreement, you are signifying your acceptance of the new terms.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision of this Agreement, and such invalid provision shall be deemed to be severed from this Agreement.
22. Entire Agreement
This Agreement, together with other applicable policies available on the Website, constitutes the entire and exclusive understanding and agreement between you and us regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.
23. Contacting Us
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.