Website Terms & Conditions of use

(Including Acceptable use policy and membership terms)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Table of Contents

Who we are and how to contact us

Our site is operated by By the Seaside Ltd trading as By the Seaside Guide (we). We are registered in England and Wales under company number 11146029 and have our registered office at Office 2, Jagow House Joseph Wilson Industrial Estate, Millstrood Road, Whitstable, Kent, CT5 3PS.

Our VAT number is GB323349613

To contact us, please email enquiries@bytheseaside.ltd or telephone us on 01227 273267 or visit https://bytheseasideguide.com/contact/

About these terms

These terms (together with our privacy policy, cookie policy, acceptable use policy and other documentation referred to below) are the terms and conditions (terms) on which you may make use of our website https://bytheseasideguide.com (the site).

By using our site you accept these terms

By using our site, you confirm you accept these terms and that you agree to comply with them. If you do not agree to these terms then you must not use our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms, which can be found on our website, to ensure you understand the terms that apply at that time. These terms were most recently updated on 6th March 2020.

Our responsibility for loss and damage suffered by you

The information on our site is provided solely to assist users of our site in gathering travel information and to assist travel tourism and hospitality businesses in engaging with customers and potential customers.

We are not a travel agency. The details of accommodation, restaurants, tours, activities or experiences on our site are provided to us by approved third parties for your information only. We do not verify the information provided to us and give no warranties or representations that the information on our site is correct, accurate or up to date. If you rely on these details, you do so at your own risk.

Although users may rate and review particular businesses and services on our site, we do not endorse or recommend the products and services of any members of the By the Seaside Guide or third parties advertising on our site. We do not accept any responsibility whatsoever for any listing (including the product or service description or any visual representation) contained on the relevant page. This is the responsibility of the business advertising the product or service.

If you book a reservation with a member of the By the Seaside Guide or other third party advertising on our site, their terms of service will apply. We make no representations or give any undertaking, that the products or services you purchase from members of the By the Seaside Guide or other third parties advertising on our site will be as described in the listing contained on their page, of satisfactory quality or fit for purpose. We will not be liable for the acts, omissions, errors, representations, warranties, breaches or negligence of any member of the By the Seaside Guide or third party supplier. This does not affect your statutory rights against the member of the By the Seaside Guide or third party supplier.

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 or agents and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site 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 site; or
  • use of or reliance on any content displayed on our site.
  • 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 site for domestic and private use. You agree not to use our site 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.

Our site

Accessing our site

You are responsible for providing your own internet connection and ensuring that you have a compatible web browser to use our site. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You are also responsible for ensuring that all information (such as your name, address and contact details) you input into our site, is correct and accurate.

We may make changes to our site

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

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted and we are under no obligation to store and maintain content and information you post on our site. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You must keep your account details safe

To use the interactive services on our site, for example, leaving reviews of your experience with a member of the By the Seaside Guide you will need to create an account on our site. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user account, 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 account, user identification code or password, you must promptly notify us by sending an email to enquiries@bytheseaside.ltd.

How you may use material on our site

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

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

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.

Our status (and that of members of the By the Seaside Guide and any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you use our site or its content in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you become aware that any of your intellectual property rights have been infringed on our site, please contact us to report your concern.

Do not rely on information on this site

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. In particular, you rely upon reviews and opinions appearing on our site at your own risk. 

We are not responsible for websites to which we link

Where our site 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.

User-generated content is not approved by us

Our site may include information and materials uploaded by members of the By the Seaside Guide and other users of the site, including contributions to bulletin boards, forums, guide listings and comments. This information and these materials have not been verified or approved by us. The views expressed by members of the By the Seaside Guide and other users on our site do not necessarily represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy, the BTSG Guidelines and any other guidelines in force from time to time.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and members of the By the Seaside Guide a non-exclusive, royalty-free and perpetual licence to use, store and copy that content and to distribute and make it available to other users of our site and third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to refuse to publish or remove any posting you make (or purport to make) on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy, the BTSG Guidelines and any other guidelines in force from time to time.

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

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

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

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

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 site will cease immediately.

Rules about linking to our site

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.

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 to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy, the BTSG Guidelines and any other guidelines in force from time to time.

If you wish to link to or make any use of content on our site other than that set out above, please contact us via the ‘Contact Us’ section of our site or by sending an email to enquiries@bytheseaside.ltd.

Third party rights

We reserve the right to enforce these terms on our own behalf or for and on behalf of members of the By the Seaside Guide. No terms shall be enforceable by any third party (including our employees and agents or our suppliers) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Governing law

Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms, their subject matter and their formation, shall be exclusively governed by and construed in accordance with the law of England and Wales.

Jurisdiction

You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or any order (including its subject matter or formation).

Feedback and complaints

We welcome general comments and feedback about our site. Please contact us via the ‘Contact Us’ section of our site or by sending an email to enquiries@bytheseaside.ltd.

If you have any complaints or objections to content that has been uploaded to our site, including reviews, or if you believe that material or content posted on our site infringes your copyright or any similar rights, please contact us and we will investigate and consider your complaint and, following such investigations, remove any offending material.  

Complaints about a specific member of the By the Seaside Guide or about a third party advertising their business on our site must be directed to that member or third party. You will find their contact details on their page in the By the Seaside Guide or on the page displaying the business they are advertising.

Acceptable use policy

What's in these terms

This Acceptable Use Policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way. This Acceptable Use Policy applies to all users of, and visitors to, our site.

Who we are and how to contact us

Our site is operated by By the Seaside Ltd trading as By the Seaside Guide.  We are registered in England and Wales under company number 11146029 and have our registered office at Office 2, Jagow House Joseph Wilson Industrial Estate, Millstrood Road, Whitstable, Kent, CT5 3PS.

To contact us, please email enquiries@bytheseaside.ltd or telephone us on 01227 273267 or visit 

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

There are other terms which may apply to you

Our Terms of Website Use  also applies to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 6th March 2020.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • 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.
  • 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.

You also agree:

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

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Comments on listings in the By the Seaside Guide.
  • Forums and bulletin boards.
  • Blog pages.

(interactive services.)

Where we do provide any interactive services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

 

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

 

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The 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 our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person or business.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Include individual’s names or other personal details (other than job title) that would enable the reader to identify such persons.
  • 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.
  • Promote any illegal 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 us, 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 unless you have obtained our prior written agreement

Breach of this policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use  upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • 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 and other third parties 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.

Which country's laws apply to any disputes?

The terms of this Acceptable Use Policy, its subject matter and its formation are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.

Membership of the By the Seaside Guide and advertising on our website

Interpretation

2.1 The following definitions and rules of interpretation apply in these terms and conditions:

(a) Definitions:

Data Protection Legislation

The UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).

Personal Data

Has the meaning given in the Data Protection Legislation.

UK Data Protection Legislation

All applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Virus

Any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Website

By The Seaside Guide

(b) Interpretation

(i) A person includes an individual, corporate or unincorporated body (whether or not having a separate legal personality).

(ii) A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

(iii) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(iv) A reference to writing or written includes email.

Membership of the By The Seaside Guide

3.1 Following acceptance of your business as a member of the By the Seaside Guide (Guide), which is entirely at our discretion, your membership will commence and will be in place for 12 months and is not cancellable during this period or any subsequently agreed fixed period. Unless you notify us before the expiry of your membership that you want to end your membership, your membership will automatically renew provided you have paid the applicable membership renewal fee.

3.2 On becoming a member, you may list your business details in the Guide page of the Website for the town in which your business is located. The format of the Guide and the information included shall be at our discretion and shall depend on the category of your membership but will include your business name, address and other contact information, logo, type of business and, in some cases, a link to your website. Visitors to the Website will also be able to leave reviews on your listing of their experience of your business and services. All reviews must comply with our Acceptable Use Policy, the BTSG Guidelines and any other guidelines in force from time to time.

Fees

You will be charged a membership fee which is payable in advance. If you do not notify us before the expiry of your membership that you want to end your membership at this date, we will automatically charge you the then applicable membership renewal fee using the credit or debit card with which you paid your membership fee. If your credit or debit card expires or becomes invalid during your membership or if the membership renewal fee is refused for any other reason outside of our control, you must provide us with updated credit or debit card details for payment or your membership will be cancelled.

Control of the website

You will be charged a membership fee which is payable in advance. If you do not notify us before the expiry of your membership that you want to end your membership at this date, we will automatically charge you the then applicable membership renewal fee using the credit or debit card with which you paid your membership fee. If your credit or debit card expires or becomes invalid during your membership or if the membership renewal fee is refused for any other reason outside of our control, you must provide us with updated credit or debit card details for payment or your membership will be cancelled.

5.1 We have the right, in our sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Website and the Guide and to make changes from time to time.

5.2 We reserve the right to remove, amend, modify, delete or disable access to any entries in the Guide or otherwise on our Website in respect of which the relevant membership fee has not been paid, but shall have no liability in respect thereof.

Uploading information to the website

6.1 You shall ensure that you have authority to upload images and content to the Website before such images and content are uploaded. You shall provide us with evidence of such authority on our request.

6.2 You shall:
(a) ensure, and warrant that, all information uploaded by you to the Website is accurate, fair, honest, truthful, lawful and not misleading;
(b) not upload information that is unlawful, defamatory, obscene, offensive, discriminatory, inaccurate, untrue, misleading or without due and proper cause; and
(c) not distribute or transmit any Viruses to the Website.

6.3 You accept full responsibility for all information which you have uploaded to the Website. You shall correct, update or remove such information promptly and as required from time to time to ensure its compliance with the standards set out in these terms.
6.4 You shall ensure that your employees, officers, representatives and subcontractors who upload information to the Website comply with this clause 6.
6.5 You indemnify and shall keep us indemnified in full against all costs, losses, damages, liabilities and expenses arising out of or in connection with any information uploaded by you, your employees, agents, consultants and subcontractors, including any claims from third parties.
6.6 We reserve the right to remove, amend, modify, delete or disable access to any information on the Website (including the Guide) at our sole discretion, but shall have no obligation to do so or any liability in respect thereof.

Intellectual Property

7.1 All intellectual property rights in or arising out of or in connection with the Guide, the Website or our services (other than intellectual property rights in any materials provided by you) shall be owned by us. Except as expressly stated herein, these terms do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Guide, the Website or our services.
7.2 For so long as you are a member of the Guide, we grant to you a fully paid-up, worldwide, non-exclusive, royalty-free licence to use our logo and website address for the purpose of publicising your membership of the Guide. You shall not sub-license, assign or otherwise transfer the rights granted in this clause. We reserve the right to immediately terminate the right granted in this clause by giving you notice.
7.3 You grant us a fully paid-up, worldwide, non-exclusive, non-transferable, royalty-free licence for so long as you are a member of the Guide to use your business name and logo (and any other materials you provide to us) on the Website. We will use and display your business name and logo in a manner, style and colour consistent with the instructions you give to us from time to time.

Data Protection

8.1 We will use Personal Data given by you to:
(a) register you as a member of the Guide;
(b) provide our services;
(c) process payments and otherwise comply with our obligations in these terms;
(d) give information about our services and manage our relationship with you; and
(e) give information about other products and/or services that we may provide (but you may stop receiving this at any time by contacting us).
8.2 We will hold and process Personal Data in accordance with our privacy policy, a copy of which is available on the Website.
8.3 Both you and we will comply with all applicable requirements of the Data Protection Legislation. This data protection clause is in addition to, and does not relieve, remove or replace, either of our obligations under the Data Protection Legislation.
8.4 We are the data controller and responsible for your Personal Data. You must ensure that all necessary appropriate consents and notices are in place to enable lawful transfer of the Personal Data to us for the duration of your membership of the Guide.

Termination

We may terminate your membership of the Guide immediately at any time if you are in material breach of these terms or any other applicable terms and conditions or policies contained on the Website which you do not correct when asked to. If we exercise this right, none of your membership fee will be refunded.

Our liability

10.1 Except in the case of death or personal injury caused by our negligence for which our liability is unlimited, our liability to you under these terms, whether for breach of contract, tort, negligence or otherwise, shall be limited to the membership fee received by us from you in the 12 months immediately preceding the date on which the claim arose. We are not liable to you for any indirect or consequential loss, any economic loss, loss of data, loss of profits or damage to goodwill arising out of any breach by us of these terms or your use of the Website, any negligence or otherwise.
10.2 You will indemnify us against any liability, loss, claim, proceedings or damages we may suffer or incur as a result of your breach of contract, negligence or other acts or omissions.
10.3 We try to keep the Website safe, secure and functioning properly but we cannot guarantee the continuous operation of or access to the Website and don’t accept any liability for factors beyond our reasonable control.
10.4 Although we have a Terms of Use policy and Acceptable Use Policy and moderate content uploaded to the Website, we are not responsible for, and shall have no liability in respect of, material uploaded to the Website by third parties. If you have any complaints or objections to a review or any other content that has been uploaded to the Website, please contact us and we will investigate and consider your complaint and, following such investigations, remove any offending material.

Force majeure

We will not be liable for any delay or failure to perform any of our obligations under these terms by reasons events or other matters beyond our reasonable control.

Assignment and other dealings

12.1 You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under these terms without our prior written consent.
12.2 We may at any time transfer our rights and obligations under these terms to another organisation.

Entire agreement

These terms constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

Severance

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.

Governing law and jurisdiction

Your membership of the Guide and these terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter shall be governed by and construed in accordance with English law and the English courts will have exclusive jurisdiction to settle any dispute or claim arising.

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