1. Welcome to bostonengland.co.uk (“the Site”). The owner and operator the Site is Destination Lincolnshire Community Interest Company with its offices at The Terrace, Grantham Street, Lincoln, LN2 1BD (“the Owner”, “us”, “our” etc).
3. The Owner may make changes to the Terms from time to time. You will be notified of such changes by the Owner posting the revised version of the Terms on the Site. Your use of the Site following changes to the Terms will constitute your acceptance of those changes.
5. You may not create any hyperlink or other similar form of connection to the Site without the express written permission of the Owner. The use of the Site within any other website by the use of framing or otherwise is strictly prohibited, unless we agree otherwise in writing.
6. You are responsible for all access to the Site using your internet connection, even if the access is by another person.
7. The Owner reserves the right to restrict or prohibit your access to the Site or part of it at any time without notice.
8. The Owner will use reasonable efforts to ensure that the Site is available at reasonable times, but does not guarantee that it will be, nor can the Owner guarantee that any part of the Site is error or virus free, nor that it will not cause a problem with your device or computer.
9. You warrant that you are over the age of 18 or you have your parent or legal guardian’s permission to use the Site. This Site is intended to be used by businesses based in, trading from or promoting the town of Boston, Lincolnshire.
10. The intellectual property rights in the Site and all of the text, pictures, photographs, literature, products, graphics and other content made available on or through it (“the Content”) are owned by the Owner exclusively. You may not print, copy, reproduce, sell, develop or exploit any or part of the Content, without the Owner’s express written permission.
11. Nothing in the Terms is intended to exclude or limit any liability for fraud, death or personal injury caused by our negligence or that may not by law be excluded or limited.
If you are a consumer:
12. We are only responsible for loss or damage you suffer that is a foreseeable result of us failing to use reasonable care and skill, which is subject to the other limitations and stipulations of the Terms. Loss or damage is foreseeable when it is obvious that it will happen.
13. We are not liable for business losses. In particular, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or reputation, or other losses that are consequential or indirect in nature.
If you are a business user:
14. We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it to the fullest extent permissible by law.
15. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether direct or indirect, even if foreseeable, arising from or in connection with: (i) use of, or inability to use, the Site or (ii) use of or reliance on any content displayed on the Site.
16. The Site may provide links to other websites and online resources. The Owner is not responsible for and does not endorse such external sites or resources. Your use of third party websites and resources is at your own risk. Links to third party sites are provided for your convenience on an "as is" basis with no warranty, express or implied, for the information provided in any third party sites.
17. The Site may include links to promotions, advertisements, marketing material, and goods and services offered by third parties in and around Lincolnshire (Third Party Services). We are not responsible for Third Party Services. The Owner is not providing goods or a service to you directly, through the Site or otherwise, other than membership of our Destination Management Organisation (“DMO”) provided by Destination Lincolnshire CIC. There is no contract between you and the Owner with regard to any Third Party Services promoted or advertised on the Site.
18. It is your responsibility to review and accept the terms and conditions of Third Party Service providers before purchasing any goods and/or services therefrom. If you have any question or complaint in respect of a Third Party Service, please contact the Third Party Service provider.
19. Whilst we take reasonable care to ensure that Third Party Services are genuine, we do not accept any liability (and you agree to hold us harmless) in connection with any loss, cost, expense, damage, injury, death, liability, claim or complaint suffered or incurred as a consequence of you accepting, purchasing, receiving or accessing Third Party Services.
20. We do not recommend Third Party Services (nor their providers), nor are we responsible for vetting, approving, vetting, verifying, endorsing or checking Third Party Services; thus, your use of Third Party Services is entirely at your own risk. You should make your own independent enquires and checks in connection with Third Party Services before making a purchase or accessing a service.
21. The views expressed by third parties on the Site do not necessarily represent our views or values.
22. The Owner has taken reasonable care in the preparation of the contents of the Site and intends that the information is accurate at the time it is uploaded. However, such information can be subject to change and therefore the Owner does not warrant its accuracy.
23. In particular:
(a) The Content, or any part of the Content, shall not constitute a representation or warranty by us.
(b) You acknowledge and agree that any description given by us of any Third Party Service is based on information supplied by the third party supplier for which we are not responsible and is solely for purposes of reference.
(c) Nothing on the Site shall constitute or afford the basis for any express or implied undertaking upon which you may rely; nor does anything amount to an offer.
(d) You acknowledge that you have not relied on any representations or warranties concerning a product or service appearing on the Site made by us.
(e) Your use of the Site is at your own risk. You must satisfy yourself that the information you receive it up-to-date.
(f) We give no warranty, promise, undertaking or representation in connection with any Third Party Service or any Third Party Service provider.
24. Third Party Content must be your own work. We reserve the right to disable or take down any Third Party Content that is offensive, misleading, brings us or our partners into disrepute or where we consider it necessary to do so in our best interests.
25. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. You may only use the Site for the reference and not ecommerce. Your use of the Site is conditional on your compliance with the following rules, in particular, you will not:
(a) use the Site for any fraudulent or unlawful purpose or for commercial gain (by, for example, posing as a client);
(c) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
(d) transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(e) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content;
(f) modify, adapt, translate, reverse engineer, decompile, copy or disassemble any portion of the Site.
26. The Owner reserves the right to revoke these exceptions either generally or in specific instances.
27. You agree to indemnify and keep indemnified and hold harmless the Owner against claims, liability, damage, loss or costs arising out of your breach of the Terms or your use of the Site.
28. You may apply for membership of our DMO through the Site. Where you do so, this is subject to separate terms and conditions of membership. You should check these terms carefully and only apply for membership with you are happy with the membership terms.
29. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
30. No person who is not a party to this contract has any rights to enforce it under the Contracts (Rights of Third Parties) Act 1999.
31. The Terms (and the Owner’s policy on privacy and cookies) set out the whole of our agreement relating to your use of the Site.
32. The Terms (and the Owner’s policy on privacy and cookies) shall be construed in accordance with and governed by English Law and you submit to the exclusive jurisdiction of the English courts. All rights of the Owner are expressly reserved.