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Website Terms of Use

Website Terms of Use

This notice is issued by Lowcostbeds.com AG (“Us”, “We”, “Our”), a company registered in Switzerland with its registered office address at Maria-Stader-Weg 4, 8590 Romanshorn, Switzerland, whose registered company number is CH-440.3.025.046-7  (“lowcostbeds”).

This legal notice applies to the entire contents of this Website under the domain name holidays.easyjet.com (“Website”) and to any correspondence by e-mail. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register. If you do not accept these terms, do not use the Website.

1. INFORMATION ABOUT THE WEBSITE OPERATOR

1.1 The Website is a website operated by lowcostbeds.com AG, a company registered in Switzerland with its registered office address at Maria-Stader-Weg 4, 8590 Romanshorn, Switzerland, whose registered company number is CH-440.3.025.046-7  (“lowcostbeds”).

2. ACCESSING OUR WEBSITE

2.1   Access to Our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Website without notice (see below). We will not be liable if for any reason Our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Our Website, or Our entire Website.

Responsibility for the security of any passwords issued rests with you. 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 opinion you have failed to comply with any of the provisions of these terms of use.

2.3   You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these terms, and that they comply with them.

3. INTELLECTUAL PROPERTY RIGHTS

3.1  We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2  You may print off one copy, and may download extracts, of any page(s) from Our Website for your personal reference and you may draw the attention of others within your organisation to material posted on Our site.

3.3  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4   Our status (and that of any identified contributors) as the authors of material on Our site must always be acknowledged.

3.5   You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from Us or Our licensors.

3.6   If you print off, copy or download any part of Our Website in breach of these terms of use, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

4. VISITOR MATERIAL AND CONDUCT

4.1   Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. lowcostbeds will have no obligations with respect to such material. lowcostbeds and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

4.2   You are prohibited from posting, uploading or transmitting to or from this Website any material that:

4.2.1 breaches any applicable local, national or international law;

4.2.2 is unlawful or fraudulent;

4.2.3 amounts to unauthorised advertising; or

4.2.4 contains viruses or any other harmful programs.

4.3   You may not misuse the Website (including by hacking – see clause 5 below) and You shall indemnify and hold lowcostbeds harmless from any and all claims, liabilities, losses, damages, costs and expenses, arising out of or in connection with you misusing the Website.

4.4   Any comments or feedback that you submit through the Website must not:

4.4.1  contain any defamatory, obscene or offensive material;

4.4.2  promote violence or discrimination;

4.4.3  infringe the intellectual property rights of another person;

4.4.4  breach any legal duty owed to a third party (such as a duty of confidence);

4.4.5  promote illegal activity or invade another’s privacy;

4.4.6  give the impression that they originate from Us; or

4.4.7  be used to impersonate another person or to misrepresent your affiliation with another person.

You shall indemnify and hold lowcostbeds harmless from any and all claims, liabilities, losses, damages, costs and expenses, arising out of or in connection with you breaching any restrictions and/or clauses set out in these terms of use.

4.6   Lowcostbeds will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or location of anyone posting any material in breach of clauses 4.2 and 4.4.

5. VIRUSES, HACKING AND OTHER OFFENCES

5.1   You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack.

5.2   By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately. 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 Our site or to your downloading of any material posted on it, or on any website linked to it.

6. LINKS TO AND FROM OTHER WEBSITES

6.1   Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Lowcostbeds has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). Lowcostbeds does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

6.2   You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage lowcostbeds reputation or take advantage of it.

6.3   You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by lowcostbeds where none exists.

6.4    The website from which you link must comply with the content standards set out in these terms of use.

6.5   Lowcostbeds has the right to withdraw the linking permission at any time.

7. DISCLAIMER

7.1   While lowcostbeds tries to ensure that information on this Website is correct, we do not promise it is accurate, up to date or complete. Lowcostbeds may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and lowcostbeds makes no commitment to update that material.

7.2   Lowcostbeds provide you with access to this Website and Our services and material on the Website on an “as is” basis, and to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions) implied by law which but for these terms of use might apply in relation to this Website and the services that we provide.

8. OUR LIABILITY

8.1   The material displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by law, we hereby expressly exclude:

8.1.1   all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

8.1.2   any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including:

8.1.2.1   loss of income or revenue;

8.1.2.2   loss of business;

8.1.2.3   loss of profits or contracts;

8.1.2.4   loss of anticipated savings;

8.1.2.5   loss of data;

8.1.2.6   loss of goodwill; and

8.1.2.7   wasted management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.3   Clauses 8.1 and 8.2 do not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9. TERMINATION

9.1    Lowcostbeds may terminate or suspend (at Our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:

9.1.1  Lowcostbeds believes you have posted material in breach of clauses 4.2, 4.4 (Visitor Material and Conduct) or 5.1 (Viruses, Hacking and Other Offences);

9.1.2  Lowcostbeds believes that you have breached paragraphs 6.2, 6.3 and 6.4 (Links to and from other websites); or

9.1.3  if you breach any other terms of these terms of use.

9.2   Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.

 

10. TRADE MARKS AND LOGOS

10.1 “Lowcostbeds.com”, the phrase “now anyone can go anywhere” and the red smiley face logo on the white background are all owned by Lowcostbeds.com AG.  The restrictions set out clause 3 (Intellectual Property Rights) apply to your use of these trade marks.

11. VARIATIONS

11. 1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Website.

12. ADDITIONAL TERMS

12.1 You should review Our Privacy Policy, which is incorporated into these terms of use by this reference and is available here.

12.2   If any provision or part of a provision of these terms of use is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these terms of use and the remainder of these terms of use will apply as if the offending provision or part provision had never been agreed.

12.3   Any failure or delay by you or Us in enforcing (in whole or in part) any provision of these terms of use will not be interpreted as a waiver of your or Our rights or remedies.

12.4   You may not transfer any of your rights or obligations under these terms of use without Our prior written consent. We may transfer any of Our rights or obligations under these terms of use without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.

12.5   The headings in these terms of use are included for convenience only and shall not affect their interpretation.

13. JURISDICTION AND APPLICABLE LAW

13. 1  These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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