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Eastwood Park Country House Terms & Conditions

 

 

Introduction:

You can find everything you need to know about us, the country house and our rooms on https://www.eastwoodpark.co.uk/ (Website), in our promotional materials or from a member of our team before you book with us. We also confirm the key information of your booking in writing once you have made your Booking.

These terms and conditions when you book an overnight stay with us (Booking) at Eastwood Park Country House via our Website.

We reserve the right to amend our terms and conditions at any time and changes to these terms could have been made since you last reviewed them. Please do read these terms carefully as they set out the terms of the Booking. The terms which are in force and displayed on our Website at the time of your Booking will apply.

 

We don’t give business customers all the same rights as consumers

For example, they have different rights where there is a problem with a Booking and we don’t compensate them in the same way for losses caused by us or our services. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. You are a consumer if you are not considered a business customer.

 

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your Booking. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

 

Bookings

Please note that you may only stay with us if you are attending a training course, wedding or other event at Eastwood Park.

If you are using our Website to confirm your stay with us, you can reserve a bedroom for your selected dates if available, following the online prompts in the order process. Our payment methods for online reservations will be displayed on the Website.

To reserve a room you must be at least 18 years old, those under the age of 18 years old are not permitted to stay with us unless we otherwise agree in writing.

For other reservations by phone or email for example, you will be asked to provide a Purchase Order number or credit/debit card number to secure your reservation. Eastwood Park accepts Visa, Mastercard and American Express.

Before you confirm your reservation, please ensure you check the details are complete and accurate.

You will receive a confirmation email to confirm your reservation with us, this will be sent to the email address provided at time of booking

If you think there is a mistake, or you require any changes to your reservation then please contact us immediately on 01454 260207. For more information on cancellation, please see the cancellation section of these terms below.

If we cannot accept your Booing for any reason we will contact you and refund any sums you may have paid.

 

Group Reservations:

If you wish to make a group booking, then please contact the reservations line on 01454 260207. You can of course make the bookings online if you wish.

Rates for group bookings will match the individual room rates shown on the Website.

 

Bedroom Prices:

We have various packages available for your stay. The price you pay is the price quoted at the time you make your reservation and receive booking confirmation.

We normally increase our prices on April 1st each year, however we do have the right to amend these prices at any time. The price of confirmed Bookings will not be affected.

 

We charge interest on late payments

If we’re unable to collect any payment you owe us we can pursue statutory compensation and charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

 

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply our room, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect. The rates quoted or shown on our Website will reflect your chosen board and rate of occupancy..

If you make your reservation by phone or by email, we will inform you of your board and what is included in that rate at the time of your enquiry.

Rates are usually based on single occupancy unless otherwise stated. The maximum room occupancy is two adults. Family rooms where available can accommodate two adults and two children. Additional guests will be charged separately on a Dinner, Bed & Breakfast basis.

We reserve the right to check on occupancy and compliance with these terms.

All other additional purchases made during your stay must be paid for separately when you check-out.

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

Room Rates

We offer various room rates with different payment and cancellation options.

 

Pre-Paid Saver Rate Payment in full is taken at the time of booking but is non-refundable in the event you cancel for whatever reason.

Flexible Rate – Payment can be made at the time of booking or on arrival, You may cancel your Booking and receive a full refund provided you notify us of your cancellation by 2pm on the day before your Booking.

 

Business Customer Bookings:

If you have not paid for your Booking at time of reservation, then payment will be taken on arrival. If we agree that you may pay after your stay and you have already provided us with a purchase order number then we will send you an invoice for payment which will be due and payable upon receipt unless otherwise stated on the invoice.

If you are a business customer, we reserve the right to request a non-refundable deposit at the time of your reservation. Any deposit paid will be deducted from the total sums due.

 

Arrival and Departure:

Guests can check in time from 2pm on the day of arrival. If you think you will arrive after 10pm, please contact reception to make the team aware so that we can try to accommodate your late check in.

Rooms must be vacated by 10.30am on the day of departure. Failure to do so may result in a late check-out charge as displayed on our Website or as per our current rate list.

 

Eastwood Park Country House expectations of guests:

You must not:

  • Be threatening or abusive to any of our team during your stay.
  • Smoke inside any of the buildings on the premises, this includes e-cigarettes.
  • Smoking in your room will result in a cleaning charge of £100 and may result in you being asked to vacate the property.
  • Engage in any unlawful activity during your stay
  • Cause any health and safety hazard
  • Bring any pets onsite, with the exception of assistance dogs or if we have provided our prior written confirmation that your pet is permitted
  • Use any electrical equipment that may set the fire alarm off, for example toasters, mini cookers etc.
  • Tamper with fire alarms and systems
  • Prevent the team to enter you room if needed during your stay
  • Remove, damage or destroy property

 

If you or any of your guests cause damage to our site or facilities, or if you breach these terms and conditions, we reserve the right to:

  • Cancel your Booking with immediate affect
  • Restrict access to the hotel and our other premises
  • Remove items from your bedroom if these are causing a hazard, a health or safety risk.

 

In these circumstances we will retain all sums paid by you or charge you the full amount of your Booking if no payment has been received. We will not be liable for any refund or compensation in such circumstances.

Please note that we reserve the right to charge £95.00 (or as otherwise stated on our current rate list) if you lose your bedroom key during the stay which covers our costs and expenses incurred for obtaining replacement keys.

 

Cancellation:

Your right to cancel

Please note that hotel accommodation is excluded from the automatic 14 day cooling off period which means that you do not have an automatic right to cancel your Booking.

Your right to cancel your Booking will be dependent on the rate you have chosen and the applicable cancellation options available for your Booking.

If you have booked using the Pre-paid Saver Rate, room bookings cannot be cancelled, after making your reservation this become fully non-refundable.

If you have booked using the Flexible Rate, room bookings can be cancelled before 2pm on the day prior to your arrival. If you cancel before this time and have paid by card you will receive a full refund to the card used at time of booking.

You can amend your Booking up until 2pm on the day of arrival:

  • If the amended Booking is like for like, with the same rate, board, room type, same number of rooms and same day duration then no additional charges will be payable.
  • If the total of the amended booking is higher than the original Booking then you will incur the additional charge which will be payable at the time of the amendment unless we agree other payment terms

 

Our rights to cancel

We may cancel your reservation at anytime with immediate effect by giving you written notice if

  • Payment is not made when required
  • You breach any of these terms or the terms of our Privacy Policy or Website Terms of Use
  • You have breached these terms in any way.

 

Events outside of our control

We may also cancel your booking if an event outside of our control means you can’t stay at the property, this includes but is not limited to health and safety issues, fire, flooding, power failure, emergency evacuation . We will refund you any amounts you have paid for in advance.

We don’t compensate you for all losses

 

Our liability to consumers. We’re responsible for losses you suffer caused by us breaking these terms unless the loss is:

  • It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

 

Our liability to businesses.

If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude below:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
    • loss of profit, or
    • any indirect or consequential loss arising under or in connection with any contract between us; and
    • wasted expenditure
  • our total liability to you for all other losses arising under or in connection with a Booking between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for that Booking.

 

Losses we never limit or exclude.

Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

 

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: [LINK TO PRIVACY NOTICE OR WEBSITE ADDRESS FOR PRIVACY NOTICE OR INFORMATION ABOUT WHERE TO ACCESS IT

 

General:

We will do our best to honour your Booking but on the rare occasion we may have to:

  • Change your room allocation and/or hotel location at any point before or during your stay due to an emergency or event outside our control.
  • Cancel any booking due to health and safety concerns or full/partial closure of the hotel.

FAQs

Please see our Frequently Asked Questions for further information about your stay at Eastwood Park Country House

Other important terms apply to our contract

These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in.

If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

We can transfer our contract with you, so that a different organisation is responsible for providing the Booking. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your Booking with us to someone else if we agree.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

 

 

Website Terms of Use

Company information

Eastwood Park Ltd (“Eastwood Park/We/Our/Us”) owns and operates the website www.eastwoodpark.co.uk (our Website) Eastwood Park Ltd is registered in England, No. 4606025.Registered office: Winchester House, Deane Gate Avenue, Taunton, Somerset, TA1 2UH 

By using our Website you accept these terms

These terms tell you the rules for using our website. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Website.

We recommend that you print a copy of these terms for future reference but note that these terms may be updated by us from time to time. You should check this page regularly to ensure you understand the terms which apply at the time.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Website:

  • Our Privacy Policy https://www.eastwoodpark.co.uk/privacy-notice/. See further details below.
  • which sets out information about the cookies on our Website.

If you book training with us or book a stay at our Country House from our Website, our Terms and conditions will apply to your booking.

[SEE HERE]

[SEE ABOVE]

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

We may suspend or withdraw our Website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Location of Use

Our Website is only for users in the UK.

Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

Linking

This Website may contain links to other websites (the “Linked Sites”), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Registration data and account security

When you register for any services offered on the Website or on our accommodation booking portal requiring registration, you are asked to provide specific information as set out in the registration form (“Registration Details”). You must provide accurate Registration Details and update your Registration Details as necessary so that they maintain their accuracy. You must keep your password and identification details secure and you are fully responsible for all use of your account and for any actions that take place using your account.

You must not allow others to use your Registration Details or account, and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorised use of your Registration Details or account. We will not be liable for any losses arising out of the unauthorised use of your Registration Details and/or account and you agree to indemnify and hold harmless Eastwood Park for unauthorised uses of your account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [EMAIL OR CONTACT DETAILS].

Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at https://www.eastwoodpark.co.uk/privacy-notice/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):

  • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains our property or that of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved.

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Do not rely on information on this Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

We are not responsible for websites we link to

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Disclaimer as to ownership of trade marks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Website, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

How to complain about or report content

If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on [HYPERLINK TO CONTACT US DETAILS].

If you wish to complain about any other content, please contact us on [HYPERLINK TO CONTACT US DETAILS].

Prohibited uses

You may not use our Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • In any way that involves child sexual exploitation or abuse.
  • To upload terrorist content.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Website;
    • any equipment or network on which our Website is stored;
    • any software used in the provision of our Website; or
    • any equipment or network or software owned or used by any third party.

Content Standards

These Content Standards apply to any and all material which you contribute to our Website or share with us in a Contact Us style Form or via any Chat facility (Contribution).

These Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches these Content Standards.

A Contribution:

  • Must be accurate (where it states facts).
  • Only contain opinions that are genuinely held.
  • Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Encourage, promote or provide instructions for deliberate self-harm.
  • Encourage, promote or provide instructions for suicide.
  • Encourage, promote or provide instructions for an eating disorder or behaviours associated with an eating disorder.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Incite violence or hatred against particular groups.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or zenophobia.
  • Infringe any copyright, database right or trade mark of any other person.
  • Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).
  • Include video content not suitable for BBFC classification.
  • Include material that might impair the physical, mental or moral development of persons under the age of 18.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Contain illegal content or promote any illegal content or activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Eastwood Park if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for any Contribution in the form of video content:

  • You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
  • You must not upload a video containing harmful material.
  • You must not upload a video containing advertising for any of the following:
  • cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
  • for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
  • Any advertising included in a video you upload must not:
  • prejudice respect for human dignity;
  • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety;
  • encourage behaviour grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to persons under the age of 18;
  • directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
  • exploit the trust of such persons in parents, teachers or others; or
  • unreasonably show such persons in dangerous situations.
  • You must use the functionality provided on our Website to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with our Content Standards constitutes a material breach of these website terms and conditions upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Indemnity

You agree to indemnify, defend and hold harmless us, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of these Website Terms of Use.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of booking [INSERT LINKS TO TRAINING AND BOOKING TERMS AND CONDITIONS].

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Variation

We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above Terms of Service constitute the entire agreement of the parties in respect to the use of the Website and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of us.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks

The EASTWOOD PARK TRAINING and EASTWOOD PARK COUNTRY HOUSE logos are trade marks of Eastwood Park. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these terms.

 

 

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