Terms of Use

1. "Area Administrator" has the meaning given to it in our Privacy Policy.
2. “You” means the user of our service (“Service”). “Your” shall be construed accordingly.
3. These terms of use, as varied by us, acting in our absolute discretion, from time to time, (“Terms”) set out the exclusive basis on which you may use the Service. By using the Service, you shall be deemed to have accepted the Terms and agreed to be bound by them. If you do not agree to the Terms, you have no right or other entitlement to use the Service and you must stop doing so immediately.
4. No liability is accepted for any harm that may be caused to your systems or data by using this website. Whilst we seek to ensure that it is free from viruses and inappropriate material, it is your responsibility to scan for viruses and inappropriate material.
5. We make no charge for end-users (cf those providing content to be carried on the Service) making use of the Service. You should note, though, that your network operator may charge you for the use of their systems and/or network in accessing the Service.
6. The Service is used by you wholly at your own risk and, to the maximum extent permitted by law, neither we nor any member of the Experience Huntly Group give any warranty or other assurance (whether express or implied) with regard to it. Without prejudice to the foregoing generality and to the maximum extent permitted by law, neither we nor any member of the Experience Huntly Group give any warranty or other assurance with regard to: (i) the accuracy or completeness of the information carried on the Service; (ii) the availability of the Service (either in whole or in part); or (iii) non infringement, security, fitness for a particular purpose, satisfactory quality or compatibility.
7. The operator of the store from which the Service is/was downloaded by you ("Operator") is not responsible for the Service or its content or the provision of any maintenance or support services in connection with it. Without prejudice to that generality, the Operator is not responsible for (i) claims arising in connection with the Service (whether directly or indirectly); or (ii) investigating, defending or settling any third party claim that its intellectual property rights have been infringed by the Service or your use of it.
8. The Operator and each member of the group of companies of which it forms part from time to time are third-party beneficiaries of the Terms and you agree that the Operator will have the right (and will be deemed to have accepted the right) to enforce the Terms against you and that as a third party beneficiary thereof.
9. We are not the agent for or representative of any business or other third party whose details are carried on the Service. Neither we nor any member of the Experience Huntly Group give any warranty or other assurance with regard to the information, products and/or services carried on the Service. It is your responsibility to satisfy yourself with regard to all aspects relative to those businesses, third parties, information, products and services.
10. Neither we nor any member of the Experience Huntly Group endorse, approve, recommend or associate with any particular business, person, service, product or thing carried by the Service. The Service carries the logos, domain names, trademarks and service marks of a range of third parties and each of those remains the property of the third party concerned.
11. We may, in our absolute discretion, restrict, disable, suspend or terminate your access to all or part of the Service, your subscription and/or your account at any time and that without liability of any kind to you or a third party.
12. You are responsible for the content of all (if any) material supplied to us using your login details and password. You accept that you should not disclose your password or other login details to anyone else and that, if you do so, that is at your own risk. In circumstances where your login details and password have been, may have been or may be used without your permission, you shall inform us immediately by email.
13. Our Privacy Policy discloses how we process information about you. By using the Service, you accept our Privacy Policy (as varied by us, acting in our absolute discretion, from time to time).
14. By using the Service, you accept our Cookies Policy (as varied by us, acting in our absolute discretion, from time to time).
15. The Service provides the facility for you to search for events, deals, organisations, goods, services and other information and to contact third parties in connection therewith. We consent to your use of the Service for that purpose provided always that you do not use it (i) to create, amend or otherwise vary a similar or comparable database of events, deals, organisations, goods, services and other information (whether for your own purposes or that of a third party) (ii) for any illegal or unlawful purpose; (iii) to threaten, harass, oppress, abuse harm, offend or discriminate against a third party; (iv) to impinge on the privacy of a third party; (v) in a way that we, in our absolute discretion, determine is inappropriate; (vi) in a way that we, in our absolute discretion, determine imposes or may impose a material burden on systems, processes and/or infrastructure; or (vi) in a manner that we, in our absolute discretion, determine causes or is likely to cause disruption to or interference with the Service. The Service is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, copy, licence, create derivative works from or transfer for any commercial purpose, all or any portion of the Service.
16. Events outwith our control may adversely affect the Service from time to time. It is subject to the limitations of the technology that supports it and it may be adversely affected by network coverage and performance. It may also be adversely affected by other operational factors such as the capabilities of your mobile device. Neither we nor any member of the Experience Huntly Group shall have any liability, on any basis, for any failure, delay or error in connection with the Service and/or its transmission and you shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of a period during which the same subsists.
17. Map locations and directional services are illustrative only and we give no warranty or other assurance with regard to their completeness or accuracy. You are responsible for verifying the accuracy and completeness of map location data relative to each entry carried on the Service and all (if any) directional services relative thereto. We have no responsibility to you in respect of your use of map locations and/or directional services carried on the Service.
18. The Service contains features that rely on third party providers and, by your acceptance hereof, you acknowledge that: (i) neither we nor any member of the Experience Huntly Group have input to or control over those third party providers and/or their services and/or products; (ii) one or more of those third party providers may amend, vary or terminate its/their services and/or products at any time with a consequent impact on the Service; and (iii) we may be unable to provide a particular aspect of the Service to you if you fail to satisfy the criteria of the third party concerned. The Service may enable you to use third party tools and/or aids and you acknowledge and agree that your use thereof is subject to the terms of use of the third party concerned and neither we nor any member of the Experience Huntly Group shall be responsible, in any way or on any basis, in connection with your use and/or the availability or non-availability thereof.
19. You shall be deemed to have given us and each member of the Experience Huntly Group your consent to use all (if any) material (which term includes text, images and all other content, in whatever form) that you supply to us from time to time and that in whatever way and in whatever medium that we or such member of the Experience Huntly Group (as the case may be), in our/its absolute discretion, determine and you acknowledge that: (i) neither we nor any member of the Experience Huntly Group shall be under any obligation to use any or all of such material; (ii) we and/or such member of the Experience Huntly Group (as the case may be) shall, in our/its absolute discretion, be entitled to vary and amend such material; (iii) we and/or such member of the Experience Huntly Group (as the case may be) shall, in our/its absolute discretion, be entitled to suspend or terminate the publication of such material or refuse to carry it on the Service and neither we nor any member of the Experience Huntly Group shall have any liability, on any basis, in connection with such suspension, termination or refusal and you shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of a period affected (whether directly or indirectly) by the same; (iv) we and/or such member of the Experience Huntly Group (as the case may be) shall, in our/its absolute discretion be entitled to publicise your name, address and other personal information on the Service in connection with such material; and (v) neither we nor any member of the Experience Huntly Group have any obligation to review or verify such material and its contents are and shall, at all times, remain wholly your responsibility.
20. In providing material to us for publication on the Service, your ownership of and freedom to use it shall remain unaffected and you represent and warrant to us and, separately, to each member of the Experience Huntly Group that the material: (i) does not infringe the rights of any third party; (ii) is owned by you or you are otherwise entitled to make use of it and have the same carried on the Service; (iii) does not infringe the copyright or other intellectual property rights of a third party; (iv) is not unlawful, illegal, misleading, untrue, defamatory, threatening, offensive, bullying, discriminatory, oppressive, abusive or inappropriate; (v) does not infringe the privacy or other rights of a third party; (vi) does not contain any computer viruses or other features that will or may interfere with the Service; and (vii) does not contain any form of spam or other feature intended to operate in a similar way to spam.
21. You represent and warrant to us and, separately, to each member of the Experience Huntly Group that you are not located in a country that is subject to a UK and/or US Government embargo or that has been designated by the UK and/or US Government as a "terrorist supporting" country and you are not listed on any UK and/or US Government list of prohibited or restricted parties. You acknowledge that the Service is not for use by those under 16 years old and you represent, warrant and undertake to us and, separately, to each member of the Experience Huntly Group that you are not under 16 years old or, if you are, you will stop using the Service immediately.
22. Without prejudice to any other provision of the Terms and to the maximum extent permitted by law, the liability of us, each member of the Experience Huntly Group, our/its employees, agents, officers and associated companies (collectively, “the Relevant Parties” and “Relevant Party” means any of them) to you in connection with the Service (whether directly or indirectly) re one or more of the following is expressly excluded: (i) consequential, indirect, special or exemplary damages; (ii) indirect losses; (iii) lost opportunity; (iv) injury to reputation or goodwill; (v) lost data; (vi) lost revenue or profits; and (vii) third party losses.
23. The aggregate liability of the Relevant Parties to you for any and all claims (howsoever and whensoever arising) shall not exceed £1.
24. Nothing contained in these Terms seeks to exclude or restrict the liability of a Relevant Party for fraudulent misrepresentation or death or personal injury arising from its negligence.
25. We and, where the Area Administrator is someone other than EH, EH (acting unanimously and in writing) may, in our absolute discretion and without the necessity of notice, vary the Terms at any time. By continuing to use the Service thereafter, you are deemed to have accepted the Terms as varied.
26. The Service uses software and content which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or the content available on the Service, whether in whole or in part.
27. If you have any reason to believe that any part of the Service infringes the rights of others, please notify us by email. It is our policy to investigate any allegations of infringement brought to our attention. We reserve the right, in our absolute discretion, to immediately suspend and/or terminate access to all or part of the Service of any user who is alleged to have posted infringing materials or link to infringing materials and to immediately remove or disable the allegedly infringing content.
28. You or we can cancel your subscription for an Enhanced Listing on the Service at any time (via the Content Manager website supporting the Service (“the Manager Website”)) and that cancellation will take effect on the last day of the calendar month during which cancellation is made (“the Effective Date”). You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of any period ending on or before the Effective Date.
29. Cancellation of your subscription for an Enhanced Listing on the Service will automatically cancel each (if any) order for a related Sponsored Listing or a Promoted Listing that you have appearing on the Service on the Effective Date and each (if any) order for a related Sponsored Listing or a Promoted Listing that you have scheduled to appear on the Service at a later date. You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of such cancelled order (regardless of whether or not the Sponsored Listing or Promoted Listing, as the case may be, was shown on the Service and the period (if any) for which it was shown).
30. You or we can cancel your subscription for a Local+ Listing on the Service at any time (via the Manager Website) and that cancellation will take effect on the Effective Date. You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of any period ending on or before the Effective Date.
31. You or we can cancel your order for a Sponsored Listing, Promoted Listing or Banner Ad on the Service at any time (via the Manager Website) and that cancellation will take immediate effect. You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of such cancelled order (regardless of whether or not the Sponsored Listing, Promoted Listing or Banner Ad, as the case may be, was shown on the Service and the period (if any) for which it was shown).
32. You or we can cancel your order for a Partner’s Logo on the Service at any time (by emailing notification of cancellation to the other) and that cancellation will take immediate effect. You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of such cancelled order (regardless of whether or not the Partner’s Logo was shown on the Service and the period (if any) for which it was shown).
33. In circumstances where there is only one Enhanced Listing or Standard Listing within a category on the Service, the website (cf the apps) will not display a Sponsored Listing, Promoted Listing or a Banner Ad in that category and you shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of such Sponsored Listing, Promoted Listing or Banner Ad in connection with that non display. If there is no Enhanced Listing or Standard Listing within a category on the Service, neither the website nor the apps will display that category nor any Banner Ad placed in it and you shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of such Banner Ad in connection with that non display.
34. Save to the extent that we give our express written consent (by email) to the contrary, each (if any) payment due by you to us in respect of a Local+ Listing, Enhanced Listing, Sponsored Listing, Promoted Listing or Banner Ad on the Service is payable only via the payment system operated by Worldpay (see https://www.worldpay.com/uk) or such other service provider as we may, in our absolute discretion, determine in writing from time to time.
35. Subscription fees in respect of Enhanced Listings and Local+ Listings on the Service are payable monthly in advance. Fees in respect of Sponsored Listings, Promoted Listings, Banner Ads and Partners’ Logos on the Service are payable, in full, at the time you place the order concerned.
36. If a subscription payment for an Enhanced Listing or Local+ Listing is not made on the due date, our system will (automatically, with immediate effect and without notice to you) suspend it and each (if any) related Local+ Listing, Enhanced Listing, Sponsored Listing or Promoted Listing that you have appearing on the Service at that time and each (if any) order for a Sponsored Listing or a Promoted Listing that you have scheduled to appear on the Service at a later date. You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of the listing(s) suspended (regardless of whether or not the Local+ Listing, Enhanced Listing, Sponsored Listing or Promoted Listing, as the case may be, was shown on the Service, the period (if any) for which it was shown and/or the duration of the period of suspension) and suspension shall be without prejudice to your obligation to make payment to us of all sums due (however and whenever arising). If/when all payment arrears are cleared, you shall advise us of that by email (using the “Contact”/“Contact Us” functionality of this platform) and request that the suspension be lifted. We will endeavor to deal with that request within 21 days of our receipt of it. Neither we nor any member of the Experience Huntly Group shall have any liability, on any basis, in connection with (whether directly or indirectly) any suspension effected hereunder.
37. By your acceptance of these Terms, you undertake to indemnify each Relevant Party, on demand, in respect of all (if any) costs, claims, liabilities and expenses incurred by it in connection with (whether directly or indirectly) a breach of them by you (including, for the avoidance of doubt but without prejudice to the foregoing generality, a breach by you of one or more of the warranties referred to in these Terms).
38. Any reference to a group of companies is to a company, any subsidiary or subsidiary undertaking of that company, any holding company or parent undertaking of that company and any other subsidiary or subsidiary undertaking of that holding company or parent undertaking (including, for the avoidance of doubt, a holding company, parent undertaking, subsidiary and/or subsidiary undertaking constituted in a jurisdiction outwith the United Kingdom, however described in that jurisdiction).
39. “Experience Huntly Group” means Experience Huntly (“EH”) and each member of the group of companies of which it forms part from time to time and “member of the Experience Huntly Group” shall be construed accordingly.
40. “We” means the Area Administrator and “us” and “our” shall be construed accordingly.
41. The singular includes the plural and vice versa.
42. The Terms and any claim under them (whether contractual or otherwise) are governed by the law of Scotland and subject to the exclusive jurisdiction of the Scottish courts.