IMPORTANT INFORMATION YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS. PLEASE READ THEM CAREFULLY AS THEY SET OUT OUR RESPECTIVE OBLIGATIONS OUR PRIVACY POLICY AND ALSO CONTAIN DISCLAIMERS OF LIABILITY. BY USING OR ACCESSING THE WEBSITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND OUR PRIVACY POLICY. 1. THE WEB-SITE 1.1 Tourlink is Carmarthenshire Tourist Association of 62 King Street, Carmarthen, SA31 6BA and Antur Teifi of Antur Teifi Business Park, Aberarad, Newcastle Emlyn, SA38 9DB trading as Carmarthenshire Enterprises 1.2 Tourlink operates a website (“the Website”) on which tourism businesses (“Businesses”) post data promoting goods and services related to the tourist industry in Carmarthenshire. Please note that if you correspond, deal with or place orders for goods or services promoted in the Website by a Business, your dealings and contract are with that Business and subject to that Business’ terms and conditions. You will not be entering into a contract with Tourlink and we have no liability for any loss or damage of any sort incurred as a result of any dealings with such Business 1.3 Access and use of the Tourlink website (“the Website”) is provided by Carmarthenshire Tourist Association and Antur Teifi. 1.4 Tourlink is funded in part by the European Union through the European Regional Development Fund. 1.5 We reserve the right to change these terms at any time with or without notice to you. You are responsible for regularly reviewing the terms to obtain notice of such changes. Your continued use of the Website after any such change constitutes your acceptance of those changes. 2. RIGHTS IN THE WEBSITE AND CONTENT 2.1 The copyright in the Website itself including all content and software therein, along with all other intellectual property rights of whatever nature (including database and design rights) which exist in the Website and its content are owned by or licensed to us. 2.2 The Website and all content are made available to you (which means you may view, download, copy and print information posted on the website) solely for your non-commercial personal use and for no other use or purpose whatsoever. 2.3 The images, logos, trade names and trademarks used on the Website to identify Tourlink, Antur Teifi, the Carmarthenshire Tourist Association and Carmarthenshire Enterprises or their respective services are our proprietary marks, whether registered or unregistered. You may not use these marks and logos unless you have first obtained our prior written permission. 2.4 Any images, logos, names and trade marks on the Website which identify Businesses (or other third parties), their products or services belong to the relevant Business or third party, are used with their permission and are subject to the restrictions on use set out in Clause 2.2. Nothing on the Website confers any rights in respect of these images, logos, or names or trademarks. 3. AVAILABILITY AND NATURE OF THE SERVICE 3.1 We try to maintain a constant, error free service, but we are unable to guarantee that the Website will always be available or that it will operate free from error. To the extent permitted by law, we will not accept any liability arising from any errors in or unavailability of the Website. 3.2 Although we use anti-virus software to protect the content of the Website against known viruses, we cannot guarantee that the material [and downloads] on the Website is/are free from viruses or malicious codes. It is your responsibility to ensure that you have taken precautions to protect your own computer system from virus infection. 4. INFORMATION AVAILABLE ON THE WEBSITE 4.1 We take reasonable steps to ensure that the information that is published on the Website (including all literature) is accurate. We cannot however, warrant its accuracy and you are advised to check the accuracy of all information with any Business you contact or with whom you place an order. Please let us know if you are aware of any inaccuracies and we will take steps to correct them. 4.2 You acknowledge that third parties who submit or upload information, messages or other material to certain sections of the Website are solely responsible for such material (and not Tourlink). We do not control the content posted to certain sections of the Website (including but no limited to the forum and live chat section). You understand that, by accessing these facilities, you may be exposed to material which is inaccurate, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any material made available in these sections of the Website including any errors or omissions or any loss or damage suffered as a result of the use of such material. If you encounter inaccurate, offensive or otherwise objectionable material in these sections of the Website, please let us know and we will do our best to remove it. 4.3 The right to use the software incorporated in the Website which enables users to submit material to the Website is granted to you on condition that we have a non-exclusive, perpetual and royalty-free licence to use such material for all purposes and in all media including, but not limited to, the Website. This right is further conditional on you warranting that this material is original or does not infringe the rights of third parties and does not contain material which may cause distress, offence or harm to others. You hereby agree to indemnify us for any loss or damage which we may suffer as a result of a claim brought by a third party that material submitted by you infringes the rights of third party or causes distress, harm of offence. 5. LINKS TO EXTERNAL SITES 5.1 The Website may from time to time contain links to other websites (“hyperlinks”). These hyperlinks are for your convenience only. If you choose to follow any hyperlink, you will be leaving the Website. We do not control or endorse (and cannot therefore be responsible for) the content of any other web-site and we do not accept any liability arising from your use of the hyperlinks (including without limitation any liability for inaccurate, defamatory, obscene or offensive material place on websites linked to the Website). When you leave the Website, the terms of use of the destination website will apply to your use of that website. 6. USE AND STORAGE 6.1 You acknowledge that we may establish general practices and limits concerning use of all or part of the Website, including (without limitation) the maximum number of days that message board postings, event information, literature or other uploaded content will be retained on the Website. 6.2 You agree that we have no responsibility or liability for the deletion or failure to store any such material. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice to you. 7. PRIVACY POLICY 7.1 We will collect personal information which may include your name, home address, e-mail address and telephone number where you want to register for an event, where you have requested copies of literature, where you requested tourist information or where you are providing feedback on the Website or other visitor services. 7.2 We agree to treat your personal information as confidential and to take reasonable steps to ensure that it is not accessible by unauthorised persons. Further, we will only use this information in order to process your requests for tourism information or for copies of literature or to collate feedback on the Website. You authorise us to use, store and process this information for these purposes. 7.3 We may also use your personal information for administration, marketing and statistical purposes. We may also share your information with organisations who are our business partners. We or our business partners may contact you by mail, telephone, fax or e-mail to inform you of any goods, services or special promotions which may be of interest to you. If you do not wish to receive such information from either ourselves or our business partners you have the right to opt out from receiving such information, you can do this by ticking the relevant opt out box on the sections of this website where personal information is submitted. 7.4 You have the right to gain access to this information and to request that we update it, amend it or remove it from our records at any time and for any reason. If you have any questions about how we use your data or would like to submit a request to update or amend your information or have it removed from our records, please e-mail us at info@tourlink.co.uk or write to us at 62 King Street, Carmarthen, SA31 6BA 7.5 We use cookies on the Website which is software which profiles your use of the Website. To disable cookies, please adjust the user settings on your computer’s Internet browser software. 8. DISCLAIMER 8.1 The Website is made available to you on an “AS IS” basis without any representation about quality, fitness for purpose, non-infringement or availability. The information or advice available on the Website should not be relied upon for any personal, technical, engineering, historical, legal or financial decisions and we recommend that you should consult an appropriate professional for specific advice tailored to your own individual circumstances. 8.2 Tourlink can not guarantee the accuracy of material placed on this Website by third parties and expressly disclaims any responsibility for error, omission or inaccuracy in the material, misinterpretation and any all loss, disappointment, negligence or damage caused by reliance on the material contained on this site or any failure or alleged failure in the delivery of the services referred to herein, or in event of the bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. 8.3 SUBJECT TO CLAUSE 8.4 TOURLINK SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS) ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY MATERIAL CONTAINED IN IT, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THIS WEBSITE OR ANY SUCH MATERIAL. 8.4 We accept liability for death or personal injury caused by our negligence or arising from our fraudulent misrepresentation. 9. GENERAL 9.1 These terms are governed by the laws of England and Wales, and any dispute arising from these terms will be subject to the jurisdiction of the courts of England and Wales. 9.2 Section headings have been included for convenience only and shall not be considered part of, or be used in interpreting, the terms. 9.3 If any of these terms are deemed to be illegal or unenforceable, then that term will be severed and deleted and the remaining terms will continue to be binding and enforceable. 9.4 Nothing in these terms shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999. 9.5 We shall not be liable for any loss suffered by you or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working. 9.6 If you wish to contact us about our Website please email info@tourlink.co.uk or telephone 01267-220366. Any legal notice can also be sent by post to Tourlink, 62 King Street, Carmarthen, SA32 6BA 10. INTERPRETATION 10.1 In these terms, ‘We, Us and Our’ shall mean Tourlink and ‘You, Your and Yourself’ shall mean you the individual who wishes to use the Website. Date: [1st August 2002] Version number: [001]