Terms of Use
Last Updated: 02.11.2020
1. Overview
1.1. www.spiritmountain.co.uk (‘Site’) is a site operated by Spirit Mountain Ltd a company registered in England and Wales 12784521 registered address Flat 5 30 St. James's Place, London, England, SW1A 1NR (Company, we, us, our)
.
1.2. The Site together with any functionality that allows you to book or provide our products or services are hereinafter collectively referred to as the Platform (Platform).
1.3. These terms set out the rules for the use of the Platform. If you have any questions about these Terms of Use or you would like to discuss them with us please contact us.
1.4. By using the Platform, 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 of Use, you must not use our Platform. We recommend that you print a copy of these
Terms of Use for future reference.
1.5. These Terms of Use will apply each time you access any part of the Platform or use any content available on the Platform. By using and/or accessing the Platform, you are indicating your agreement to be bound by these Terms of
Use and any other terms which are stated to govern your use of the Platform, such as the Privacy Policy, Cookies Policy or our Terms of Business. If you do not accept these Terms of Use you should not access or use the Platform.
2. Changes to these terms
2.1. We amend these Terms of Use from time to time. Every time you wish to use the Platform, please check these terms to ensure you understand the Terms of Use that apply at that time. We will always state at the top of the terms the date on which the terms were last amended or updated.
3. How we operate the Platform
3.1. We may update and change the Platform from time to time to reflect changes to our products or services, our users’ needs and our business priorities and for any other reason. We reserve the right to do so without any notice to you. The Platform is made available free of charge.
3.2. We do not guarantee that the Platform, 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 the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3.3. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
4. Use of the Platform
4.1. You agree to only use the Platform and any content on the Platform for lawful purposes and in such a way that does not
prevent, restrict or otherwise prejudice the use of the Platform by anyone else.
4.2. Prohibited use of the Platform or any content on the Platform includes:
4.2.1.distributing any type of virus, spyware, malware or other programs or files designed to cause harm, nuisance, disruption, loss and/corruption of data;
4.2.2.hacking or attempt to hack any part of the Platform or any system run through the Platform;
4.2.3.transmitting any material which is or may be considered to be defamatory, obscene, racist, indecent or offensive;
4.2.4.attempting to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
4.2.5.transmitting any material which harms or causes distress or may harm or cause distress;
4.2.6.to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.2.7.creating a database that includes material downloaded or obtained from the Platform without written permission from the Company;
4.2.8.using the Platform in any way damages or may damage the reputation of the Company or which brings or may bring the Company and its employees or affiliates into disrepute;
4.2.9.using the Platform in a way that that breaches any applicable local, national or international law or regulation;
4.2.10.in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
4.2.11.for the purpose of harming or attempting to harm minors in any way;
4.2.12.to bully, insult, intimidate or humiliate any person; or
4.2.13.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
4.3. You also agree:
4.3.1.Not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of our Terms of Use;
4.3.2.Not to access without authority, interfere with, damage or disrupt any part of the Platform;
4.3.3.Not to access without authority, interfere with, damage or disrupt any equipment or network on which the Platform is stored;
4.3.4.Not to access without authority, interfere with, damage or disrupt any software used in the provision of the Platform; or
4.3.5.Not to access without authority, interfere with, damage or disrupt any equipment or network or software owned or used by any third party.
4.4. By breaching provisions in this Clause 4, 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 the Platform will cease immediately.
5. Interactive Services and User Content
5.1. You may use our Platform to communicate with other users of the Platform or we may provide interactive services on our site, including, without limitation video communication functionality, messages, chat rooms, bulletin boards or comment sections (‘User Content’)
5.2. You acknowledge that the Company has no obligation to monitor the access to or use of the Platform by any user or to review, disable access to, or edit any user content, but has the right to:
5.2.1.operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
5.2.2.ensure users’ compliance with these Terms;
5.2.3.comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
5.2.4.respond to User Content that it determines is harmful or objectionable.
5.3. You agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company with respect to any investigation undertaken by the Company or a representative of the Company regarding the use or abuse of the Platform.
5.4. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the nature and quality of any content posted by other users of the Platform.
5.5. If we have assessed any possible risks for users from third parties when they use any interactive service provided on our Platform, 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.
5.6. Our site is not suitable for minors and minors should not use our Platform.
5.7. 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.
6. Content and communication standards
6.1. 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.
6.2. The Company will determine, in its discretion, whether a Contribution breaches the Content Standards.
6.3. A Contribution must:
6.3.1.Be accurate (where it states facts);
6.3.2.Be genuinely held (where it states opinions);
6.3.3.Comply with the law applicable in England and Wales and in any country from which it is posted.
6.4. A Contribution must not:
6.4.1.Be defamatory of any person;
6.4.2.Be obscene, offensive, hateful or inflammatory;
6.4.3.Bully, insult, intimidate or humiliate;
6.4.4.Promote sexually explicit material;
6.4.5.Include child sexual abuse material;
6.4.6.Promote violence;
6.4.7.Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.4.8.Infringe any copyright, database right or trademark of any other person;
6.4.9.Be likely to deceive any person;
6.4.10.Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.4.11.Promote any illegal activity;
6.4.12.Be in contempt of court;
6.4.13.Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
6.4.14.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 the Company if this is not the case;
6.4.15.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.
6.4.16.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.
6.4.17.Contain any advertising or promote any services or web links to other sites.
7. Breach of this policy
7.1. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
7.2. Failure to comply with these Content and communication standards constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
7.2.1.Immediate, temporary or permanent withdrawal of your right to use our Platform;
7.2.2.Immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
7.2.3.Issue of a warning to you;
7.2.4.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;
7.2.5.Further legal action against you;
7.2.6.Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law;
7.2.7.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.
8. Transfer of the Platform
8.1. 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. The Platform is directed to people residing in England & Wales. We do not represent that content available on or through the Platform is appropriate for use or available in other locations.
9. Intellectual Property
9.1. All copyright, trademarks, design rights, patents and other intellectual property rights contained in the Platform and all content available on the Platform shall remain the property of the Company or its licensors. All such rights are reserved.
9.2. Except as set out in these terms or as expressly permitted under copyright law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit make available to the public or otherwise use any part of the Platform (including any content on the Platform) without our express written permission. If such permission is granted:
9.2.1.You must identify the source of the content;
9.2.2.You must acknowledge the copyright and moral right status;
9.2.3.You must not modify any materials you have printed off or downloaded in any way;
9.2.4.You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
9.2.5.Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged;
9.2.6.You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors;
9.2.7.If you print off, copy or download any part of the Platform in breach of these terms of use, our right to the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9.3. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to share the content on social media but solely for your personal and non-commercial use. When doing so you must comply with clause 9.2.1 to 9.2.5.
10. Information you find on the Platform
10.1. Unless it part of a specific product or service description, do not rely on information provided on the Platform. The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely.
10.2. Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.
11. Third Party links
11.1. We are not responsible for websites we link to. Where the Platform 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.
12. Linking to the Platform
12.1. You may link to the Platform’s 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 the Platform in any website that is not owned by you. The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on the Platform other than that set out above, please contact us.
13. Our Responsibility for loss of damage suffered by you
13.1. 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 or services to you, which will be set out in our Terms of Business.
13.2. While we make every effort to ensure the accuracy of the content on the Platform, we accept no responsibility for any errors, omissions, or inaccurate content on the Platform and we reserve the right to make changes to the content on the Platform from time to time.
13.3. Our content, including the information, names, images, logos relating to the Company, its products and services is provided “as is”. To the extent permitted by law, we exclude all representations and warranties (express or implied) including the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security, and accuracy.
13.4. Subject to the foregoing, we shall not be liable for any of the following losses or damages (whether in contract, tort (including negligence), breach of statutory duty or otherwise, whether they were foreseen, foreseeable, known or otherwise):
13.4.1.use of, or inability to use, the Platform;
13.4.2.use of or reliance on any content displayed on the Platform;
13.4.3.business interruption;
13.4.4.loss of anticipated savings;
13.4.5.loss of data, business, opportunity, goodwill or injury to reputation, profit, sale, business or revenue and any
special, incidental, consequential, punitive, exemplary losses, damages, or costs arising from your use of the
Platform or any content on the Platform, or any services provided through the Platform.
14. Your personal information
14.1. We will only use your personal information as set out in our Privacy Policy.
15. Viruses
15.1. We are not responsible for viruses and you must not introduce them. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and any devices you use to access the Platform in a way that protects those devices. You should use your own virus protection software.
16. General
16.1. If you are using the Platform from outside England and Wales, other laws may apply to your use of the Platform. We operate the Platform from within England and Wales. Please note that these terms of use, their subject matter and their formation, are governed by English law. By using the Platform, you agree to the exclusive jurisdiction of the courts of England and Wales.
16.2. If you are using the Platform from outside England and Wales, we are not subject to local laws applicable in your country and the Platform may not be compliant with those local laws. It is your responsibility to ensure that your use of this Platform does not breach any local laws before you use it.
16.3. If any part of these terms is found to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, the term(s) in question will be severed, but the remaining terms will survive and continue in force.
16.4. The delay or failure of the Company to enforce or exercise any right in these terms does not constitute a waiver of such rights.