go4awalk.com Terms and Conditions
The go4awalk.com and go4awalk.co.uk sites are operated by TMDH Limited. Registered in England. No. 4111226. Registered Office: Ashton House, Ashton Lane, Sale, Greater Manchester M33 6WT.
These terms and conditions set out the bases on which you can use the go4awalk.com or go4awalk.co.uk web site. By using this site, you agree to be bound by these terms and conditions. We may at any time change or modify any of these terms and conditions. For this reason, you should check here regularly.
TMDH Limited does not warrant that this site will not be interrupted, error free or that any information or other material accessible from this site is free of viruses or other harmful components.
2.1 The information given on this site has been provided in good faith. It is intended only as a general guide. It is the responsibility of individuals to approach outdoor activities such as the one described on this site with caution. The activity described can be strenuous and individuals should ensure they are fit enough before embarking upon it. If in doubt, seek medical advice.
2.2 TMDH Limited accepts no liability for any loss, damage, injury, costs or expenses howsoever caused or incurred as a result of any errors, inaccuracies or omissions contained in the information on this site. We advise you to verify the accuracy of information before relying upon it. Save in respect of liability for death or personal injury caused by our negligence, which we do not seek to exclude, we accept no liability for any loss, damage, injury, costs or expenses howsoever caused or incurred as a result of any error or inaccuracies or omissions contained in the information on this site. Appropriate equipment and maps should always be carried, along with suitable clothing and footwear. Always follow the Country Code. For more information about the Country Code, clothing, equipment and how to use it, look on the go4awalk.com or go4awalk.co.uk website.
2.3 If you place a message on the Find New Walking Friends Message Board, you are solely responsible for its content. You agree not to impersonate any person or entity nor to use the Find New Walking Friends service for illegal or immoral purposes. You agree not to include in your messages any phone numbers, email addresses, website addresses, unlawful, abusive or otherwise objectionable material of any kind.
If you reply to a message on the Find New Walking Friends Message Board you should note that we have no control over the truthfulness, accuracy or completeness of any message. You should exercise sensible precautions in meeting people for the first time.
2.4 Reference in this site to any products, services, processes, trade names, trademarks or other information of third parties does not imply or constitute an endorsement, sponsorship or recommendation to you by go4awalk.com, go4awalk.co.uk or TMDH Limited. Links to other sites not operated by go4awalk.com or go4awalk.co.uk are solely for your convenience. go4awalk.com, go4awalk.co.uk or TMDH Limited is not responsible for any products, services, processes, trade names, trademarks or other information provided by third parties. All other names, logos and all related product and service names, design marks and slogans used on this site are the trademarks or service marks of their owners. All rights are acknowledged.
2.5 go4awalk.com, go4awalk.co.uk and its holding company TMDH Ltd, reserve the right to use any comments we receive, by email or otherwise, in any promotional material.
3.1 Documents may be downloaded from the go4awalk.com or go4awalk.co.uk web site and printed for personal use only. Nothing may be added, deleted or amended in any way. In any event, each document and the information contained within it is and remains the sole property of TMDH Limited and is protected under Copyright TMDH Limited. All rights reserved. go4awalk.com and go4awalk.co.uk are registered trademarks of TMDH Limited.
3.2 In addition you acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this site, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, is protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out within these Terms and Conditions and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of go4awalk.com, go4awalk.co.uk or TMDH Limited.
3.3 You are permitted to print and download extracts from this site only on the following bases:
a. use of documents and related graphics on this site is for personal use only;
b. any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use;
c. no part of this site may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without go4awalk.com, go4awalk.co.uk or TMDH Limited's prior written permission.
3.4 Any rights not expressly granted in these Terms and Conditions are reserved to go4awalk.com, go4awalk.co.uk and TMDH Limited.
4.1 Some of the content on go4awalk.com or go4awalk.co.uk is available only to Account Holders. Accounts to go4awalk.com or go4awalk.co.uk are for the sole use of the Account Holder only and are not transferable.
4.2.1 Accounts to go4awalk.com or go4awalk.co.uk opened after 17.00 GMT 19th November 2004 are not time-limited.
4.2.2 As an Account Holder you will be entitled to view and/or download go4awalk.com or go4awalk.co.uk walk route cards (pdf's) and/or GPS Waypoint Data information The Best Walks in . . .' collections' and/or Guide to . . . ' guides and/or Peak Bagging Maps and Tick Lists (pdf's) from the Account Holder only section of the site. Each item of Account Holder only content viewed and/or downloaded requires/uses one credit. You will also be able to place a message on the Find New Walking Friends Message Board and/or respond to a message placed on the Find New Walking Friends Message Board. Each response to a message placed on the Find New Walking Friends Message Board requires/uses one credit. You will be able to use these services until you have used all the credits purchased.
4.2.3 Accounts are not transferable. Accounts cannot be upgraded. Accounts cannot be downgraded. When you have used all your available credits, you will be invited to open a new Account.
4.3 Once your account is activated, you are immediately able to download Account Holder only information from the go4awalk.com or go4awalk.co.uk site. For this reason, you will not be entitled to cancel your account and claim a refund in accordance with the rights afforded to certain purchasers under the Consumer Protection (Distance Selling) Regulations 2000 (cooling-off period).
4.4 We reserve the right to suspend indefinitely an Account Holder's use of this website where it appears to us (acting reasonably) that an Account Holder's use of this website is not for Personal Use. (See section 3.3). Our decision shall be final.
4.5 We reserve the right to suspend indefinitely an Account Holder's use of this website where it appears to us (acting reasonably) that there is evidence of systematic downloading or archiving. Our decision shall be final.
4.6 We reserve the right to terminate the membership of any Account Holder where it appears to us (acting reasonably) that any Account Holder's behaviour is in breach of any provision of these terms and conditions. Our decision shall be final.
4.7 To access Account Holder only areas of the go4awalk.com or go4awalk.co.uk site, an Account Holder must have his/her browser set to allow our cookies. For more information on cookies see FAQs on our Help pages.
4.8 All Account Holders should ensure there are walks available in his/her preferred walking area before opening an Account. Some of our routes also have accompanying gps data files. Users should ensure that this supplementary information is available for the routes they need before opening an Account. Refunds will only be made at the discretion of go4awalk.com, go4awalk.co.uk or its holding company TMDH Ltd and in any event will be subject to an administration fee of £10.00.
4.9 Go4awalk.com, go4awalk.co.uk or its holding company TMDH Ltd, does not at any time hold, keep or store your Credit Card details. All Credit Card transactions are processed remotely by a third party, WorldPay, who use state of the art security tools and techniques to ensure that you (and go4awalk.com or go4awalk.co.uk) are protected.
5. Definitions for Advertisers
The expressions used in these terms & conditions have the meanings shown below unless the context clearly means otherwise:
"Online Publisher" is go4awalk.com, go4awalk.co.uk or TMDH Limited
"Advertiser" is the individual or company named on the Insertion Order
"Insertion Order" is the advertising order form
"Website" is the internet site specified on the Insertion Order
"Impression" is the appearance of an ad on a web page
"Click-through rate" is the ratio of the number of times a user clicks on an online advertisement to the number of web site visitors who view the ad. It is often abbreviated to CTR.
"Advertising contract" comprises the Insertion Order together with these Terms and Conditions.
6. Advertising Service Contracts
6.1 These terms & conditions are incorporated into each agreement between the online publisher and the advertiser whether or not the Insertion Order or other documentation makes reference to them.
6.2 Receipt of your email confirming the order will be considered as acceptance of the terms and conditions of the contract.
7. Our obligations as an Online Publisher
7.1 Subject to the terms and conditions, we shall provide the Services described in the Insertion Order using the reasonable skill and care of a competent provider of the types of Services specified.
7.2 As a courtesy, we provide you with an estimate of usage statistics. However, we can not make any guarantee of usage levels, impressions served or click-through rates for any particular advertisement and the Advertiser acknowledges this when entering into an Advertising contract.
8. Your obligations as an Advertiser
8.1 You must have the right to publish the advertisement without infringement of any third party's rights including, without limitation, intellectual property rights. You must also be able to grant that right to the Online Publisher.
8.2 You have complied with the codes of practice issued by the Committee of Advertising Practice in the UK or the Advertising Standards Authority as applicable and all other relevant industry codes of practice.
8.3 You will assume full responsibility for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the Online Publisher.
8.4 You acknowledge that all contents of advertisements are subject to the approval of the Online Publisher. The Online Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the Online Publisher, or reject any URL link embodied within any advertisement.
8.5 You will not collect or use personal information through your Advertisements on the Website without permission from the user. If you do collect data with permission from our users, you certify that you do so in compliance with Data Protection Act regulations.
8.6 You agree to indemnify and keep indemnified the Online Publisher harmless against any and all expenses, damages costs (including reasonable legal fees and costs) and losses of any kind incurred by the Online Publisher in connection with any claims actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or breach of any industry advertising codes or sales practices) arising from the advertisement and /or any material (of the Advertiser or otherwise) to which users can link through the advertisement.
9. Payment for Advertising Services
9.1 Payment (in UK Pounds Sterling) is required in advance for all new accounts - a proforma invoice will be issued.
9.2 If agreed in writing, payment may be paid on invoice for existing accounts. In these cases the procedure outlined below will apply:
- invoice issued on first date of contract
- payment must be made within 30 days of invoice issue-date
- payment must be made in UK Pounds Sterling (UKS)
- if payment is not received, then we reserve the right to make an admin charge of up to UKS 25.00 and to make further charges deemed appropriate if the invoice remains unpaid
- all charges will be notified 48 hours in advance before being applied.
- all payments after the due date will bear interest at 1.5% (or max rate allowed in law if less) above the base lending rate of NatWest Bank plc
- the Advertiser will be responsible for all costs incurred by the Online Publisher in collecting the payments due
The details of the Advertising Contract and all communications between the Advertiser or any of its agents and the Online Publisher are confidential and must not be disclosed to any third party except: (a) by the Advertiser to its qualified accountants or legal advisers; (b) by the Online Publisher to its qualified accountants or legal advisers; or (c) as otherwise agreed by the parties in writing or as otherwise required by law.
11. Applicable Law
Applicable law and jurisdiction. All these site terms shall be governed by English law. Any disputes involving this site shall be subject to the jurisdiction of the English courts.